2018 (7) TMI 1290 - AT - Service Tax

Extended period of limitation - Commercial Coaching or Training Services - providing training to the employees of member Banks - Held that - Admittedly during relevant period the decisions on the issue was in favor of the assessee and the subsequent setting aside of Tribunal order in the case of Great Lakes Institute Management Ltd. 2013 (10) TMI 433 - CESTAT NEW DELHI - LB by the Hon ble Supreme Court and the declaration of law by the Larger Bench, reversed the earlier views of the Tribunal. In such a scenario appellant cannot be held guilty of any suppression or mis-statement, and not discharging his service tax liabilities, in which case the longer period would not be available to the Revenue - the demand raised beyond the normal period would be barred by limitation - Penalty set aside. The demand falling behind the normal period of limitation is set aside along with setting aside of penalty and the matter is remanded to the Original Adjudicating Authority for re-quantification of the demand falling within the limitation period. Benefit of cum-duty to the appellant - Held that - The said issue is settled by cateana of judgments that while calculating duty demand, the benefit of cum-duty has to be extended to the assessee - there is no merits in the above contention of the Revenue. Appeal disposed off.

Summary

Issues:
1. Taxability of services provided by the appellant under the category of "Commercial Coaching or Training."
2. Validity of demand of duty, interest, and penalties imposed by the Commissioner.
3. Applicability of the extended period of limitation for the demand raised.
4. Consideration of mutuality of interest in providing training to member Banks.
5. Binding nature of the Larger Bench decision on the Division Bench.
6. Re-quantification of demand falling within the limitation period.
7. Extension of cum-duty benefit to the appellant.

Analysis:
1. The appellant, a society jointly promoted by several Banks, provides training to employees of member and non-member Banks in banking-related fields. The Revenue initiated proceedings, considering the services as "Commercial Coaching or Training," leading to a demand of duty, interest, and penalties. The appellant contended that being a Non-Profit Organization, service tax was not applicable, and the training was not commercial coaching. However, the Commissioner upheld the demand.

2. The appellant's advocate acknowledged a previous decision against the appellant but argued for the demand's limitation period. The Tribunal agreed that the demand beyond the normal period was time-barred due to earlier decisions in favor of the assessee. The penalty was also set aside based on no suppression or misstatement by the appellant.

3. While a part of the demand fell within the normal limitation period, the appellant argued for non-taxability based on mutuality of interest, citing legal precedents. However, the Tribunal, bound by the Larger Bench decision, could not rule on the merits against the said decision. The demand falling within the limitation period was remanded for re-quantification.

4. The Revenue appealed against the extension of cum-duty benefit to the appellant, contending non-payment of tax on the full value recovered. The Tribunal rejected this argument, citing settled judgments requiring the extension of cum-duty benefit to the assessee. Both appeals were disposed of accordingly, upholding the cum-duty benefit for the appellant.

This detailed analysis covers the taxability of services, validity of demand, limitation period, mutuality of interest, binding nature of decisions, re-quantification of demand, and extension of cum-duty benefit, as addressed in the judgment by the Appellate Tribunal CESTAT ALLAHABAD.