2014 (10) TMI 64 - AT - Service Tax

Commercial training or coaching services - Classification of service - 5 institutes conducted courses such as Post Graduate Diploma in the field of Information Technology, Marketing, Personnel Management, Human Resources Development, etc. which were not recognized by law. - Held that - it can be easily seen that the services rendered by the appellant through its 5 institutes shall fall clearly within the scope of commercial training or coaching service as defined in law. In view of the retrospective amendment made in the law by way of explanation to Section 65(105)(zzc), even if the appellant is a charitable trust or society, the appellant would be liable to pay service tax. AICTE approvals for conducting the various courses in Information Technology and Management to Balaji Institute of Modern Management (BIMM), Balaji Institute of Telecom & Management (BITM), Balaji Institute of Management & Human Resource Development (BIMHRD) were given for the academic years 2008-09 onwards in May and October, 2008. In other words, during the period of demand, neither the courses were recognized by law nor the institutes/establishments conducting the courses were approved. Therefore, these institutes clearly fall under the definition of commercial training or coaching centre as defined in law and the services rendered by them are liable to service tax and we hold accordingly. Appellant had discharged bulk of the service tax demand confirmed (that is ₹ 5.27 Crore (approx.) out of about ₹ 6.59 crore) before the issue of show cause notice. In these circumstances imposition of equivalent amount of penalty under section 78 of the Finance Act, 1994 is not warranted. Accordingly we set aside the penalty imposed under Section 78 on the appellant - Decided partly in favour of assessee.

Issues Involved:

1. Classification of services rendered by the appellant.
2. Applicability of service tax on the appellant under the category of 'commercial training or coaching services'.
3. Eligibility for exemption under notifications 9/2003-ST and 24/2004-ST.
4. Invocation of the extended period of limitation.
5. Imposition of interest and penalties under sections 75 and 78 of the Finance Act, 1994.
6. Quantification errors in the computation of service tax demand.

Detailed Analysis:

1. Classification of Services Rendered by the Appellant:

The appellant, M/s Balaji Society, Pune, operates eight institutes, with the first three offering courses recognized by law, and the remaining five conducting non-recognized courses. The services rendered by the appellant through its five non-recognized institutes were classified under 'commercial training or coaching services' as per sections 65(26) and 65(27) of the Finance Act, 1994. The courses offered by these institutes were not affiliated with any university or approved by statutory authorities during the material period. The Tribunal referred to the larger bench decision in Great Lakes Institute of Management Ltd., which clarified that the taxable service of "commercial training or coaching" applies to any institute imparting skill or knowledge, regardless of its registration status or profit motive.

2. Applicability of Service Tax:

The appellant argued that their activities constitute education, not commercial training or coaching, and that they are a charitable society exempt from income tax under Section 10(23C) of the Income Tax Act, 1961. However, the Tribunal held that the retrospective amendment to section 65(105)(zzc) of the Finance Act, 1994, clarified that all institutes, whether charitable or not, fall within the scope of commercial training or coaching if the courses are not recognized by law and a consideration is charged. The Tribunal concluded that the appellant's services during the period from 01/07/2003 to 31/03/2006 were liable to service tax.

3. Eligibility for Exemption:

The appellant claimed exemption under notifications 9/2003-ST and 24/2004-ST, arguing that their courses were vocational in nature. However, the Tribunal referred to a similar case, Sadhana Educational & People Dev. Service Ltd., where it was held that postgraduate diploma courses in management do not qualify as vocational training. Therefore, the appellant's claim for exemption was rejected.

4. Invocation of Extended Period of Limitation:

The appellant did not obtain service tax registration or file returns, thereby suppressing material facts from the department. The Tribunal, citing the case of ICFAI vs. CCE, Hyderabad, upheld the invocation of the extended period of limitation due to the appellant's failure to disclose relevant information. The investigation commenced in December 2005, and the show cause notice was issued within a year, justifying the extended period.

5. Imposition of Interest and Penalties:

The Tribunal upheld the demand for interest on the confirmed service tax demand, as it is automatic and consequential. However, the penalty under section 78 was set aside, considering the dispute related to the classification of services and the appellant's partial payment of service tax before the issuance of the show cause notice.

6. Quantification Errors:

The appellant pointed out errors in the computation of service tax demand, including receipts from the sale of prospectus, fines, uniforms, and sponsorships. The Tribunal agreed that these receipts are not consideration for services rendered and should be excluded from the taxable value. The appellant was entitled to abatements for these receipts.

Conclusion:

1. The services rendered by the appellant were classified under "commercial training or coaching" as defined in law.
2. The confirmation of service tax demand along with interest was upheld, except for certain receipts not considered for services rendered.
3. The penalty under section 78 was set aside due to the classification dispute.
4. The appellant was entitled to abatements for receipts from the sale of prospectus, fines, uniforms, and sponsorships.

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