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2016 (9) TMI 1106 - AT - Service TaxValuation - includability - PSF charges and Airport Taxes in the value of Taxable services - service tax to be payable on the gross consideration collected from the International Passengers - Held that - the issue involved in this case is squarely covered by the decisions of this Tribunal in the case of Lufthansa German Airlines vs. CST (Adjn.), New Delhi 2016 (4) TMI 780 - CESTAT NEW DELHI and M/s. Continental Airlines Inc. vs. CST, New Delhi 2015 (7) TMI 1079 - CESTAT NEW DELH , wherein it was held that the charges collected by airlines are on behalf of airport and were paid to the airport, and as such, cannot be included in the assessable Value. In view of the co-ordinate Bench decisions, we are of the opinion that the impugned order cannot be sustained. - Decided in favour of appellant
Issues involved: Inclusion of PSF charges and Airport Taxes in the value of taxable services for service tax assessment.
Analysis: 1. PSF charges: The appellant argued that PSF charges should not be considered as part of the gross amount received for providing taxable services related to the "Transport of Passengers embarking in India for International Journey by air services." The appellant contended that PSF charges are not taxable under this service category. The Tribunal referred to previous decisions in cases like Lufthansa German Airlines vs. CST (Adjn.), New Delhi and M/s. Continental Airlines Inc. vs. CST, New Delhi, where it was held that charges collected by airlines on behalf of the airport and paid to the airport should not be included in the assessable value. The Tribunal agreed with this reasoning and allowed the appeal in favor of the appellant, setting aside the impugned order. 2. Airport Taxes: The appellant also argued that Airport Taxes should not be included in the value of taxable services as they are in the nature of a tax deposited with the Government and not a service provided to passengers. The Tribunal, relying on previous decisions, reiterated that charges collected by airlines on behalf of the airport and paid to the airport should not be part of the assessable value for service tax assessment. The Tribunal found that the issue was squarely covered by previous decisions and, therefore, set aside the impugned order, allowing the appeal in favor of the appellant. In conclusion, the Tribunal held that both PSF charges and Airport Taxes should not be included in the value of taxable services for service tax assessment, based on the reasoning that these charges are collected by airlines on behalf of the airport and paid to the airport, and do not represent consideration for services provided to passengers. The Tribunal's decision was in line with previous decisions on similar issues, providing clarity on the treatment of such charges in service tax assessments.
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