2018 (3) TMI 110 - AT - Service Tax

Classification of services - The stand of the Revenue is that such activities will fall under the category of Event Management Services w.e.f. 01.10.2002 and further under the BAS with effect from 01.07.2003 - Held that - There is no dispute that the activities of the appellant are squarely covered within the definition of Public Relation Services , which was made taxable w.e.f. 01.05.2006 - the activity of the respondent does not fall within the categories of Event Management Service as well as Business Auxiliary Service - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Whether the service provided by the respondent is liable to payment of Service Tax during the dispute period.
2. Whether the demand for Service Tax for the period 01.07.2003 to 31.03.2006, including "out of pocket expenses," is justified.
3. Whether a particular service can be made taxable prior to the date of its introduction.

Analysis:

Issue 1: The appeal concerns the liability of the respondent for Service Tax during the period of 01.10.2002 to 30.06.2003. The department contended that the services provided by the respondent, including arranging press conferences and interviews for commercial clients, were subject to Service Tax. The dispute revolved around categorizing the services under Event Management Service and Business Auxiliary Service. The respondent accepted liability for Service Tax under Public Relation Services introduced from 01.05.2006. The Revenue argued that the activities fell under the mentioned categories for the respective periods.

Issue 2: The dispute extended to the demand for Service Tax from 01.07.2003 to 31.03.2006, encompassing out of pocket expenses recovered by the respondent. The Commissioner (Appeals) dropped the demand, leading the Revenue to appeal. The Revenue contended that the activities were covered by Event Management and Business Auxiliary Services for the relevant periods. However, the consultant argued against making a service taxable before its introduction date, citing legal precedents.

Issue 3: The crux of the matter was whether a service could be taxed before its formal introduction. The respondent's activities were deemed to fall under Public Relation Services taxable from 01.05.2006. The consultant relied on legal cases emphasizing that new entries in taxable categories do not retroactively apply. The Tribunal upheld the decision that services rendered before the introduction of a specific taxable category cannot be taxed under that category.

In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the Commissioner (Appeals)'s order that the respondent's activities did not align with Event Management or Business Auxiliary Services for the disputed periods. The principle that a service cannot be taxed before its formal inclusion in the tax regime was upheld, leading to the rejection of the Revenue's claim for Service Tax.