2015 (6) TMI 869 - AT - Service Tax

Construction of city - Services rendered for providing preferential location, club or association service , renting of immovable property service and short term accommodation service - Held that - Pharma city is nothing but a commercial complex where Pharma industries have set up their units. The learned CA also relied upon the letter from the TRU dated 26.2.2010 to submit that in paragraph 8, the TRU has explained the service. However while going through the clarification, we find that para 8.1 (b) covers the activities undertaken by the appellant and, in our opinion, the activity under consideration in this case is covered by the clarification taking a view that service tax is leviable. Therefore, we find that prima facie appellant has no merit - Prima facie amounts collected by the appellant for the services rendered are covered by the decisions cited in 2012 (6) TMI 636 - Jharkhand High Court . Therefore, appellant has prima facie merit in their favour. - Partial stay granted.

Summary

Issues:
1. Liability of service tax under various categories for the appellant.
2. Interpretation of the definition of "Taxable service" under Section 65 (105) (zzzzu).
3. Validity of demand for club or association service.
4. Dispute regarding consideration received for services rendered.
5. Financial position of the appellant and requirement of pre-deposit.

Analysis:

1. The appellant, a special purchase vehicle for a pharma project, was provided land by the Andhra Pradesh Government for developing Pharma City. The demand for service tax of over &8377; 2.69 crores was raised on grounds of services provided like preferential location, club or association service, renting of immovable property service, and short term accommodation service.

2. The Tribunal analyzed the definition of "Taxable service" under Section 65 (105) (zzzzu) to determine the liability of the appellant. It was held that the appellant's development of Pharma City qualifies as providing preferential location, contrary to the appellant's argument that they were merely selling developed plots without offering preferential location. The Tribunal found that the appellant's activities fell within the ambit of the definition, leading to the confirmation of the service tax demand.

3. Regarding the demand of over &8377; 8.15 crores for club or association service, the Tribunal noted precedents where similar amounts collected for services were not taxable. Citing decisions in favor of the appellant, the Tribunal found prima facie merit in their argument, indicating that the demand may not be valid.

4. The dispute over a demand of more than &8377; 38.6 crores was based on services rendered but consideration not received. The appellant contended that in such cases, there should be no liability. However, further details or findings on this issue were not provided in the summary.

5. Considering the appellant's financial position, where they reported profits of about &8377; 3 crores last year and &8377; 1 crore this year, the Tribunal directed a deposit of &8377; 2,50,00,000 within 12 weeks. The requirement of pre-deposit for balance dues was waived, and a stay against recovery was granted during the appeal's pendency, subject to the specified compliance date.

This detailed analysis of the judgment highlights the key issues involved, the Tribunal's interpretation of relevant legal provisions, and the decisions made based on the arguments presented by the parties involved.