2016 (1) TMI 971 - AT - Service Tax

Nature of activity - collection of octroi on behalf of the Municipal Corporation - cash management activity or not - Banking and other Financial Services - Rectification of mistake for disposal - appeal was dismissed because of low tax effect - Held that - we find that by our final order dated 11.08.2015 we have disposed of the appeal recording therein that the amount involved in this case is less than ₹ 5 lakhs, factually it is incorrect. Accordingly, we recall our final order No. A/2637/15/STB dated 11.08.2015 and restore the appeal to its original numbers and take up the same for disposal. The amount collected excess of contracted amount and retained by the assessee in respect of transit fees is not covered under the category of banking and other financial services . Since the issue is decided in favour of the respondent-assessee in this appeal, we find no merit in the appeal filed by the Revenue and hold that the impugned order is correct and legal and does not suffer from ay infirmity. - Decided against the revenue.

Summary

Issues: Rectification of mistake in the final order, Service tax liability for collection of Octroi, Interpretation of "Banking and other Financial Services".

Analysis:

1. Rectification of Mistake in Final Order:
The Appellate Tribunal received an application from the Revenue seeking rectification of a mistake apparent on the face of the record in the final order dated 11.08.2015. Despite the respondent not appearing, the Tribunal considered the issue, noting that the amount involved in the case was incorrectly stated to be less than Rs. 5 lakhs in the previous order. Consequently, the Tribunal recalled the final order and restored the appeal to its original status for further disposal.

2. Service Tax Liability for Collection of Octroi:
The appeal filed by the Revenue challenged the Order-in-Appeal dated 26.07.2010, which set aside the demands for service tax confirmed by the adjudicating authority related to the collection of Octroi for a municipal corporation. The adjudicating authority had determined that the respondent, involved in Octroi collection, was liable to pay service tax. However, the Tribunal referred to a previous decision on a similar issue involving the same assessee, where it was held that the amount collected in excess of the contracted amount and retained by the assessee did not fall under the category of "banking and other financial services." Based on this precedent, the Tribunal found in favor of the respondent-assessee, rejecting the Revenue's appeal and upholding the impugned order as correct and legally sound.

3. Interpretation of "Banking and other Financial Services":
The Tribunal's decision rested on the interpretation of the term "banking and other financial services" concerning the collection of Octroi. By referencing a prior ruling on a related matter involving the same assessee, the Tribunal established a precedent that guided the current judgment. The Tribunal determined that the amount collected in excess of the contracted sum and retained by the assessee for transit fees did not fall within the scope of "banking and other financial services." This interpretation played a crucial role in deciding the appeal in favor of the respondent-assessee and against the Revenue, reinforcing the legality and correctness of the impugned order.

In conclusion, the Tribunal upheld the impugned order, rejected the Revenue's appeal, and provided a detailed analysis based on the rectification of the mistake in the final order and the interpretation of service tax liability for the collection of Octroi under the category of "banking and other financial services."