2015 (12) TMI 440 - AT - Service Tax

Demand of service tax - Courier Agency Services - exemption under Export of Service - Held that - appellant collected the consignment from their customers to deliver to the recipient in abroad. They have also collected gross value from the customers to deliver the article to the recipient in abroad. This fact has not been disputed by the department. Hence, the decision of the Tribunal in the case of TNT India Pvt. Limited vs. Commissioner of Service Tax, Bangalore (2007 (5) TMI 11 - CESTAT,BANGALORE), would be applicable in the present case. - impugned order cannot be sustained - Decided in favour of assessee.

Issues:
1. Appellant engaged in providing 'Courier Agency Services' received international consignments and delivered them through big Courier Companies in abroad.
2. Show cause notice issued proposing demand of service tax, interest, and penalty for not paying service tax during a specific period and wrongly availing exemption under 'Export of Service'.
3. Adjudicating authority confirmed tax demand, interest, and penalty which was upheld by the Commissioner (Appeals).
4. Appellant's liability to pay tax post-amendment of Rule 3 of Export of Services Rules, 2005.
5. Dispute regarding whether services rendered by the appellant fall under the category of Export of Service.
6. Interpretation of Rule 3 of Export of Services Rules, 2005 and its applicability to the case.
7. Imposition of a significant penalty on the appellant.
8. Amendment in Rule 3(2) of Export Services Rules 2005 and its impact on the appellant's liability for service tax.

Analysis:
1. The appellant was engaged in providing 'Courier Agency Services', receiving international consignments from customers and delivering them abroad through big Courier Companies. A show cause notice was issued for non-payment of service tax and wrongly availing exemption under 'Export of Service'. The adjudicating authority confirmed the tax demand, interest, and penalty, which was upheld by the Commissioner (Appeals).

2. The appellant argued their liability to pay tax post-amendment of Rule 3 of Export of Services Rules, 2005, citing specific decisions supporting their stance. The Revenue contended that the appellant did not render services to foreign consignees, as consignments were delivered to big companies in India, not abroad. The Tribunal referenced a similar case to establish that services rendered should be deemed performed outside India, supporting the appellant's position.

3. The Tribunal analyzed Rule 3 of Export of Services Rules, 2005, emphasizing that if services specified in Rule 3(2) are partly performed outside India, they are deemed performed outside India. The Tribunal concluded that in the case of international courier services, delivery abroad constitutes performance outside India, exempting the appellant from service tax liability during the relevant period.

4. The Tribunal criticized the imposition of a substantial penalty on the appellant, noting their genuine misunderstanding of the law. The Tribunal highlighted an amendment in Rule 3(2) post-relevant period, clarifying conditions for services to be considered exports, further supporting the appellant's case.

5. Considering the appellant's collection of consignments and payments for delivery abroad, the Tribunal found the decision in a similar case applicable. Consequently, the impugned order was set aside, and the appeal by the appellant was allowed, providing consequential relief.

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