2018 (2) TMI 1052 - AT - Service Tax

Nature of receipt of donation - clubs or associations services - Valuation - it was alleged that subscription and other fees collected from the members of such clubs, associations etc., form taxable income as defined in Section 65 (25) (a) read with definition of corresponding taxable service in Section 65 (105) (zzze) of the Finance Act, 1994 - Held that - there was no quid pro quo vis- -vis such donations by way of providing any service to such donors by the appellant in return, has been brought forth by Revenue - these amounts would not in any way come within the ambit of amounts received against provision of services. Such donations even if made by the non-members, cannot be made liable to service tax under the Finance Act, 1994 - Appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeals concerning demand of service tax against various clubs and associations.

Analysis:
The judgment addressed multiple appeals regarding the demand of service tax against various clubs and associations. The central issue in all cases was whether the subscription and fees collected from members of these clubs constituted taxable income under the Finance Act, 1994. The impugned orders confirmed the demands proposed in the related Show Cause Notices (SCNs). The Revenue had also filed appeals where the demand was set aside, either on merits or limitation. The main argument from the appellants was based on judgments from the Hon'ble High Courts of Jharkhand and Gujarat, which held that services provided by clubs to their members did not constitute taxable services. The department, on the other hand, supported the impugned orders and highlighted the aspect of mutuality, citing relevant case law.

The Tribunal considered the arguments from both sides and examined the facts of the matter. The period involved in all appeals was before 2012. The Tribunal noted that the issues in dispute were covered by the judgments of Ranchi Club Ltd. and Sports Club of Gujarat Ltd. The judgments emphasized the concept of mutuality and concluded that services provided by clubs to their members were not taxable under the Finance Act, 1994. Despite the department's appeals against these judgments, the Tribunal observed that the Hon'ble Supreme Court had not stayed the operation of these judgments.

Furthermore, the Tribunal distinguished the case of Bankipur Club Ltd. from the current matter, as it primarily dealt with income tax liability, not service tax. The Tribunal, following the precedent set by previous judgments, ruled that there could be no service tax liability on amounts collected by clubs from their members. Additionally, the Tribunal addressed the issue of donations received by clubs, clarifying that such donations, even from non-members, did not fall under the purview of service tax as there was no quid pro quo involved.

Consequently, the Tribunal allowed all appeals filed by the assessees, providing them with consequential benefits as per the law. The departmental appeals were rejected based on the same reasoning. The miscellaneous applications filed by Revenue seeking a change of cause-title were also disposed of. The appeals were thus concluded with this final order pronounced in the open court.