2018 (4) TMI 417 - AT - Service Tax

Valuation - inclusion of sales value of prospectus in assessable value - Commercial Training or Coaching Services - Held that - the prospectus is only for the purpose of screening of students by way of Admission Screening Examination and is not a part of the services. The student only by filling of prospectus does not become entitled to get coaching from the Appellant. Hence the same cannot be considered as part of Commercial Training or Coaching Services . The sale of prospectus is not a part of the Commercial Training or Coaching Services as held by Tribunal in case of Balaji Society 2014 (10) TMI 64 CESTAT MUMBAI . Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Whether the sale of prospectus should be included in the assessable value of services for Service Tax.
2. Whether penalties under sections 76, 77, and 78 of the Finance Act, 1994 are applicable.
3. Whether the demands are time-barred.

Analysis:
1. The Appellant, engaged in providing 'Commercial Training or Coaching Services,' faced service tax demands for the period 01.04.2006 to 31.12.2010 due to including the sales value of prospectus in the assessable value of services. The demands were based on a show cause notice issued on audit observation. Penalties under sections 76, 77, and 78 of the Finance Act, 1994 were also proposed. The adjudicating authority confirmed the demands, leading to an appeal before the Commissioner (Appeals), which got rejected. The Appellant contended that the sale of prospectus is not covered by the services and falls under the Maharashtra Value Added Tax Act, 2002, under Entry C - 76. The Appellant also argued that the demands are time-barred.

2. The Appellant's representative argued that the sale of prospectus should not be considered as part of 'Commercial Training or Coaching Services.' The revenue's representative supported the lower authorities' findings and cited tribunal judgments to justify the impugned order. The Tribunal, after considering both sides' submissions, held that the sale of prospectus is not integral to the services provided. Referring to a precedent judgment in the case of Balaji Society, the Tribunal clarified that the prospectus is solely for student screening through an Admission Screening Examination and does not entitle students to coaching services. As there was no evidence to support the demand for an extended period or imposition of penalties, and since the sale of prospectus was not deemed a service rendered by the Appellant, the Tribunal set aside the demand and penalties. Consequently, the impugned order was overturned, and the appeals were allowed with any consequential reliefs.

This judgment highlights the importance of correctly categorizing services for tax purposes and the necessity of providing substantial evidence to support demands and penalties in tax disputes.