2021 (11) TMI 246 - SC - Service Tax

Commercial training and coaching services or not - Prayer to excuse the appellant from paying the pre-deposit amount for instituting the appeal - HELD THAT - The Assessment Order calling upon the appellant to pay tax on an erroneous understanding of the status of the appellant cannot be countenanced. In that case, the appellant may not be asked to pursue the remedy of appeal and as a consequence, obliged to deposit the pre-deposit amount. The fact that the appellant is not covered by the category of assessee engaged in commercial training and coaching services, is not disputed by the Department - If that is the position, to do substantial justice in exercise of our plenary powers under Article 142 of the Constitution of India, it is ordered that the demand raised in Order-in-Original be effaced from the record. As such, no demand towards subject tax could be levied and collected against the appellant in the fact situation of the present case. Appeal allowed - decided in favor of appellant.

Issues:
1. Challenge to the rejection of prayer for excuse from paying pre-deposit amount for instituting an appeal.
2. Applicability of tax on commercial training or coaching services.
3. Interpretation of Assessment Order and liability to pay tax.
4. Exercise of plenary powers under Article 142 of the Constitution of India.
5. Finality of decisions in similar cases.

Analysis:
1. The judgment addresses the challenge against the rejection of the appellant's prayer to excuse from paying the pre-deposit amount for initiating an appeal against the Order-in-Original dated 31-12-2015.
2. The appellant argued that they are not engaged in commercial training or coaching services, hence not liable to pay tax, which was accepted as undisputed by the Department.
3. The Assessment Order was found to be based on an erroneous understanding of the appellant's status, leading to the conclusion that the appellant should not be required to pursue the appeal remedy and deposit the pre-deposit amount.
4. In the exercise of plenary powers under Article 142 of the Constitution of India, the Supreme Court ordered the demand raised in the Order-in-Original dated 31-12-2015 to be removed from the record, declaring that no tax demand could be imposed or collected against the appellant in the present circumstances.
5. The Court referred to decisions in similar cases, such as M/s. ITM International Pvt. Ltd. v. CST, Delhi and IILM Undergraduate Business School v. CCE, Delhi, where the issue of liability for tax on commercial training and coaching services was settled in favor of the appellant, and these decisions were noted to have attained finality.

Additional Judgment:
1. The Court also disposed of Civil Appeals @ SLP (C) Nos. 7194-7195 of 2019 in line with the order passed in a companion case, M/s. G. D. Goenka World Institute v. Union of India & Anr., on the same terms, thereby concluding those appeals as well.
2. All pending applications were also disposed of in conjunction with the main judgments delivered in the cases discussed above.

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