2013 (12) TMI 45 - AT - Service Tax

Demand of service tax - Safe Vault Services - Service tax on the margin between the purchase price from the foreign bank and the sale price to the customers - Held that - After going through the agreement of the applicant with the foreign banks it comes out that the nature of transaction between the foreign banks and the applicant is that of sale and purchase and there is a further sale to the customers. That being the case there is no justification at all for demanding service tax on the margin which they earn on the transaction. The department during investigation has made a request to quantify the amount and the charges the applicant would charged for safe vaults of comparable size which the applicant has not furnished - provisions of Rule 6 (2) (iv) of Service Tax (Determination of Value) Rules 2006 will not apply only to monetary loan and not to loan given in the form of gold - applicant directed to make a pre-deposit - Partial stay granted.

Summary

Issues:
1. Taxability of providing safe vault services by a commercial bank.
2. Taxability of interest on gold loans given to artisans.

Analysis:

Issue 1: Taxability of providing safe vault services by a commercial bank
The appellant, a commercial bank, was engaged in selling gold coins to customers. The coins were minted in Switzerland with the bank's name and logo and supplied by foreign banks on a consignment basis. The Revenue contended that providing safe vaults to store the coins constituted a taxable service, demanding service tax on the margin between purchase and sale prices. The appellant argued that the activity was a sale and purchase transaction, not a service, and if any tax was due, it should be on safe custody charges, not the margin. The Tribunal found in favor of the appellant, noting the lack of justification for demanding service tax on the margin and the appellant's failure to provide requested information on vault charges.

Issue 2: Taxability of interest on gold loans given to artisans
The appellant also faced demands for service tax on interest charged for gold loans to artisans. The appellant contended that the exemption under Rule 6(2)(iv) of the Service Tax Rules did not specify that interest on monetary loans alone was exempted. The Revenue argued that interest on loans should be interpreted as interest on monetary loans. The Tribunal disagreed with the Revenue, stating that prima facie, the Rule applied to loans given in the form of gold as well. The Tribunal directed the appellant to make a pre-deposit for admission of appeals, staying the collection of dues pending appeal disposal.

This judgment clarifies the taxability of safe vault services provided by commercial banks and the treatment of interest on gold loans under service tax rules. The Tribunal ruled in favor of the appellant on both issues, emphasizing the lack of justification for service tax demands on the margin from gold coin transactions and interpreting the exemption rule to cover interest on gold loans.