2017 (9) TMI 622 - AT - Service Tax

Valuation - includibility - study materials, journals had been invoiced separately - commercial training and coaching services - Revenue s contention is that such study material cannot be considered as study material which are sold, but are part of the consideration received for the services of coaching. The claim of the appellant on the other hand is that they will be entitled to exemption under notification no.12/2003-ST - Held that - The value of study material is nothing but a part of the consideration for rendering of services - appellant will be entitled to the benefit of N/N. 12/03-ST dated 20.06.2003 which grants exemption to the value of goods and material sold by the service provider to the recipient of the services - The issue has been settled in the case of Cerebral Learning Solutions Pvt. Ltd. Vs. CCE Indore 2013 (4) TMI 527 - CESTAT NEW DELHI - Appeal allowed - decided in favor of appellant.

Summary

Issues:
Interpretation of exemption notification for service tax on study materials provided by coaching services.

Analysis:
The judgment deals with three appeals concerning the taxation of study materials provided by a coaching service under the category of commercial training and coaching services. The appellant offered classroom programs and supplied study materials separately. The Revenue raised demands for service tax on the consideration received for study materials, which were not included in the service tax payment for coaching services. The main issue was whether the study materials were part of the consideration for coaching services or qualified for exemption under notification no.12/2003-ST.

The appellant argued that they were entitled to exemption under the notification, citing a Tribunal decision in a similar case. The Revenue contended that the study materials were not sold separately but were part of the consideration for coaching services, relying on a different Tribunal decision. The Central Board of Excise and Customs (CBEC) circular clarified that the exemption applied only to the sale value of standard textbooks, not to all study materials provided by coaching institutes.

The Tribunal referred to a previous case involving Cerebral Learning Solutions Pvt. Ltd., where a similar issue was decided. The Tribunal in that case held that the CBEC's clarification was illegal and contrary to the statutory exemption notification. It emphasized that the exemption granted by the Central Government should not be restricted by the CBEC's conditions. Therefore, the Tribunal in the present case set aside the impugned order and allowed the appeal based on the precedent set in the Cerebral Learning Solutions Pvt. Ltd. case.

In conclusion, the judgment clarified the application of the exemption notification for service tax on study materials provided by coaching services. It underscored that the CBEC's conditions should not limit the scope of exemptions granted by the Central Government, ensuring a fair and consistent interpretation of tax laws in such cases.