2014 (5) TMI 500 - AT - Service Tax

Demand of service tax - period prior to 15-6-2005 - recruitment of temporary contract labour unskilled, semi-skilled and skilled to Rajasthan Public Service Commission, Ajmer - Held that - Service Tax is confirmed only on value realized from 1-5-2006 to 30-9-2006 and the benefit of Notification No. 6/2005-S.T., dated 1-3-2005 is to be extended. The Revenue authorities may verify whether tax amount, interest and penalty are discharged fully. If not, the same may be recovered after giving an opportunity to the appellant to place on records the documents evidencing such payment. It is made clear that the appellants will be eligible for paying 25% of tax due as penalty under Section 78 and no other penalty is payable by him - Decided partly in favour of assessee.

Summary

Issues:
1. Taxability of service of recruitment of temporary contract labor.
2. Tax liability for the period prior to 16-6-2005.
3. Taxability of services rendered by an individual before 1-5-2006.
4. Applicability of Notification No. 6/2005-S.T. for exemption.
5. Consideration of value realized as cum tax value.
6. Payment of tax amount and penalty by the appellant.

Analysis:

1. The judgment dealt with the taxability of the service provided by the appellant, involving the recruitment of temporary contract labor for Rajasthan Public Service Commission. The Revenue contended that service tax is payable on the consideration received for such services rendered between October 2004 and September 2006.

2. The appellant argued that before 16-6-2005, only services related to recruitment of personnel were taxable, not services related to the supply of manpower. As the appellant was not recruiting individuals to be placed on the establishment of the Rajasthan Public Service Commission, any demand for the period before 15-6-2005 was deemed unsustainable.

3. Regarding the tax liability prior to 1-5-2006, the appellant, being an individual, argued that services rendered by a 'commercial concern' were taxable under Section 65(105)(k) until 1-5-2006. The appellant cited precedents and circulars to support the claim that individuals were not covered under the term 'commercial concern,' making any demand before 1-5-2006 unsustainable.

4. The appellant sought the benefit of Notification No. 6/2005-S.T., dated 1-3-2005, which provided an exemption for services rendered by small units. The appellant claimed that the exemption should apply to them for the period from 1-5-2006 to September 2006, as the total value of services rendered during this period was below the taxable threshold after considering the exemption.

5. It was argued that the value realized should be considered as cum tax value since the appellant was unable to negotiate and recover any amount towards service tax from the Rajasthan Public Service Commission, impacting the taxable amount.

6. The appellant had already deposited a portion of the tax amount due and paid 25% of the tax demand as penalty within the specified time frame. The judgment clarified that the appellant was eligible to pay only 25% of the tax due as a penalty under Section 78, with no further penalty being payable, thereby partly allowing the appeal.

This detailed analysis covers the various issues raised in the judgment, outlining the arguments presented by both parties and the final decision rendered by the Appellate Tribunal CESTAT NEW DELHI.