2014 (1) TMI 609 - AT - Service Tax

Computation of Small Service provider exemption upto 10 lakhs - Benefit of notification No. 1/2006 ST dated 1.3.06 - Whether the 60% abatement of the total value received by assessee is required to be included while computing the aggregate value of the services or not - Held that - Preamble of the notification is to the effect that same exempts the taxable services of description specified in volume 3 of the table to the extent shown in corresponding entry in column 4 of the said table. Inasmuch as the notification in question uses the expression exemption, we at this prima facie stage, agree with the learned advocate that exempted part of the services should not be taken into account while computing the total value of the services for the purpose of falling under the SSI notification. We accordingly grant waiver of pre-deposit of and stay the recovery thereof - Decided in favour of assessee.

Summary

Issues:
1. Whether the 60% abatement of the total value received by the appellant is required to be included while computing the aggregate value of the services.
2. Whether the exempted part of the services should be taken into account while computing the total value of the services for the purpose of falling under the Small Scale Industry (SSI) notification.

Issue 1:
The appellant sought dispensation of the condition of pre-deposit of Service Tax and penalty. The appellant, engaged in providing rent-a-cab services, availed a 60% abatement in accordance with notification No. 1/2006 ST. The dispute revolved around whether this abatement should be included in computing the aggregate value of services. The Tribunal referred to explanation B(2) clause (3) of the notification, which clarified that payments exempted from service tax under Section 66 of the Finance Act need not be included in the aggregate value. The Tribunal analyzed the notification and concluded that as it used the term "exemption," the exempted part of services should not be considered for computing the total value. Consequently, the Tribunal granted a waiver of pre-deposit and stayed the recovery.

Issue 2:
The Tribunal examined whether the exempted part of services should be factored in when calculating the total value of services for determining eligibility under the Small Scale Industry (SSI) notification. The Tribunal noted that the notification in question aimed to exempt taxable services to the extent specified in the table. Given the use of the term "exemption" in the notification, the Tribunal, at a prima facie stage, concurred with the appellant's argument that the exempted portion of services should not be included in computing the total value. Consequently, the Tribunal granted the waiver of pre-deposit and stayed the recovery, aligning with the interpretation that exempted services should not be considered for the SSI notification purposes.

This judgment by the Appellate Tribunal CESTAT NEW DELHI, delivered by Ms. Archana Wadhwa and Mr. Rakesh Kumar, JJ., clarifies the treatment of abatement and exempted services in the computation of total service value for taxation purposes. The Tribunal's analysis of the relevant notification provisions and the distinction between abatement and exemption provides valuable guidance for similar cases involving service tax calculations and eligibility for exemptions under the Small Scale Industry notification.