9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 520 - AT - Service TaxBusiness auxiliary service - tripartite agreement - activities in relation to the conduct of examinations by Sikkim Manipal University, Manipal Academy for Higher Education and the National Association of Software and Service Companies (NASSCOM) - period from December 2007 to March 2012 - exemption under N/N. 14/2004-ST dated 20th September 2004 - scope of SCN - Held that - We are fortunately burdened by the rigour of certainty that appears to have convinced the adjudicating authority of lack of coverage under section 65(19)(v) of Finance Act, 1994. National Association of Software and Service Companies (NASSCOM) renders the service of certifying of potential job-seekers with the laudable objective of distancing the employer from the candidate. In the circumstances, the existence of tripartite transaction, that is so essentially a fundamental requirement for ascertaining the provision of business auxiliary service , is manifest enough to discard coverage under a different taxable service. Scope of SCN - Held that - The show cause notices have not invoked the applicability of any other taxable service. Without the resort to alternative classification for rejection of the proposed classification, we are able to reject the proposed classification for want of fitment within its description. Appeal allowed - decided in favor of appellant.
Issues:
1. Tax liability under Finance Act, 1994 for services provided by M/s Merit Trac Services Pvt Ltd. 2. Applicability of exemption under notification no. 14/2004-ST. 3. Coverage of services provided to Sikkim Manipal University, Manipal Academy for Higher Education, and National Association of Software and Service Companies (NASSCOM) under taxable service. 4. Interpretation of sections 65(105)(r) and 65(65) of the Finance Act, 1994. Analysis: 1. The judgment deals with the tax liability of M/s Merit Trac Services Pvt Ltd for services provided in relation to conducting examinations for various entities. The jurisdictional service tax authorities alleged that the activity was taxable under section 65(105)(r) of the Finance Act, 1994 as a provider of 'management or business consultancy service.' The original authority confirmed a total demand of &8377; 11,61,64,949 and imposed penalties. The appellant challenged the orders, arguing that the findings did not hinder the authority in dropping proceedings for the period thereafter. The Tribunal upheld the findings for the recovery of tax for the period thereafter, invoking principles of estoppel based on previous decisions by the Hon’ble Supreme Court. 2. The issue of exemption under notification no. 14/2004-ST was also examined. The impugned order rejected the exemption claim for failure to fit within the models enumerated in section 65(19) of the Finance Act, 1994. The Tribunal found that the services provided to National Association of Software and Service Companies (NASSCOM) did not fall under any other taxable service, leading to the conclusion that the recovery of tax on the consideration received from NASSCOM was not legally justified and set aside. 3. The coverage of services provided to Sikkim Manipal University, Manipal Academy for Higher Education, and NASSCOM under the taxable service was analyzed. The Tribunal found that the activities related to universities were not taxable under section 65(105)(r) but considered the services provided to NASSCOM. The Tribunal examined the scope of work undertaken for NASSCOM, emphasizing that the services did not directly relate to core management functions but were more aligned with technical consultancy, leading to the dismissal of the appeal. 4. The interpretation of sections 65(105)(r) and 65(65) of the Finance Act, 1994 was crucial in determining the scope of taxable services. The Tribunal delved into the definitions of 'management or business consultant' and the scope of taxable services provided by such consultants. The Tribunal emphasized the restricted application of taxable services to activities enabling efficient performance without direct involvement in core management functions, which influenced the decision regarding the tax liability of the appellant.
|
