2016 (12) TMI 288 - AT - Service Tax

Levy of service tax - amounts received by the respondent by sale of study material on the counter or through post - Held that - In the case of Cerebral Learning Solutions Pvt. Ltd. Vs. CCE, Indore 2013 (4) TMI 527 - CESTAT NEW DELHI , it has been categorically held that the benefit of exemption Notification No.12/2003, dated 26.06.2003 will be allowable to the cost of the study materials - We find that in the impugned order, the demand has been set aside and detailed reasons have been furnished for the same. Appeal dismissed - decided against Revenue.

Summary

Issues:
Levy of service tax on sale of study material under Commercial Training and Coaching Services.

Analysis:
The appeal was filed against an order passed by the Commissioner (Appeals) regarding the levy of service tax on amounts received from the sale of study material by a coaching institute providing services for civil services examination candidates. The Revenue contended that the sale of study material should also be considered a service under Commercial Training and Coaching Services. The original adjudicating authority confirmed the demand for service tax, which was set aside by the Commissioner (Appeals), leading to the Revenue filing the present appeal.

The Tribunal heard the Departmental Representative for Revenue as the respondent did not appear. The Departmental Representative reiterated the impugned order. Upon examining the records and case laws submitted by the respondent, the Tribunal referred to the settled principle that service tax cannot be charged on the mere sale of goods, citing judgments by the Supreme Court and the Gauhati High Court. The Tribunal also highlighted Section 65(121) of the Finance Act, 1994, which refers to definitions under the Central Excise Act, 1944. The Tribunal emphasized that the property in the form of books and study materials had been transferred to the customer, meeting the conditions of sale of goods. Additionally, the Tribunal noted that the exemption under Notification No. 12/2003-ST dated 20.6.2003 excludes the value of goods and materials from the levy of service tax, emphasizing that service tax should only be levied on the value of services, not goods and materials.

Furthermore, the Tribunal referenced case laws such as Cerebral Learning Solutions Pvt. Ltd. Vs. CCE, Indore, Chate Coaching Classes Pvt. Ltd. Vs. CCE, Aurangabad, and Pinnacle Vs. CCE, Chandigarh, where it was held that the exemption under Notification No. 12/2003 would apply to the cost of study materials. Based on the legal principles, case laws, and provisions of the Finance Act and Notification No. 12/2003, the Tribunal upheld the impugned order setting aside the demand for service tax, Education Cess, interest, and penalties imposed, ultimately dismissing the Revenue's appeal.

In conclusion, the Tribunal found no reason to interfere with the impugned order, upholding it and dismissing the Revenue's appeal.