2017 (3) TMI 1294 - AT - Service Tax

Club or association services to employees - Held that - the identical issue has come up before the Hon ble High Court of Jharkhand in the case of Madras Race Club Versus Commissioner of Service Tax, Chennai 2008 (9) TMI 199 - CESTAT, CHENNAI , where it was held that another part of the demand is on the amount collected by the club from its members for use of amenities provided by the club - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Appeal against Order-in-Appeal regarding service tax on club activities. Interpretation of service tax liability for club activities under club or association services.

Analysis:
The appeal was filed against Order-in-Appeal No. 361/2013 dated 30.12.2013, concerning the demand for service tax on club activities provided to employees during April 2006 to March 2011. The issue revolved around whether the club's activities constituted a taxable service. The Hon'ble Supreme Court's decision in the case of Joint Commercial Tax Officer, Harbour Division-II, Madras Vs. The Young Men's Indian Association was referenced. The Court emphasized that for a transaction to be considered a sale, there must be a transfer of property from one entity to another. It was clarified that if a club acts as an agent for its members in supplying goods, no sale occurs as the element of property transfer is absent. The judgment also highlighted distinctions between members' clubs and proprietary clubs regarding the sale of goods to members.

The Full Bench of Patna High Court, in a related case, discussed the principle of mutuality concerning members' clubs. It was established that clubs can claim exemption for surplus from contributions by members but not from non-members. The court clarified that income from sources other than members is taxable, emphasizing the principle of mutuality. The judgment addressed questions related to the club's status as a mutual concern and the taxability of income from various club activities. The distinction between sale and service was also debated, with the conclusion that the existence of two legal entities is crucial for a service transaction.

The Tribunal's decision was influenced by previous cases such as Madras Race Club Vs. CST, Chennai and Sports Club of Gujarat Ltd. Vs. Union of India, where similar views were upheld. Following the precedents and the legal principles established by higher courts, the impugned order was set aside, and the appeal was allowed. The judgment emphasized the importance of the transfer of property in determining the tax liability for club activities and reiterated the distinction between mutual and non-mutual income sources for clubs.