2023 (9) TMI 302 - AT - Service Tax

Classification of services - Business Auxiliary Service or not - providing the services to the municipality and collected the municipality tax on behalf of the municipality - HELD THAT - On analysing the definition of Business Auxiliary Service , it is found that the municipal committees are not engaged in sale of goods or services, hence, none of the clauses from (i) to (vi) of Business Auxiliary Service definition are applicable to the activity of collection of municipal tax by the respondent. The respondent was providing services to the municipal committee but not on behalf of the municipal committee. The respondent are collecting the municipal tax as levied by the municipal committees which are part of State Govt. of Haryana, even if it is assumed that the services of the respondent are taxable services, even then the taxable services of collecting duties and taxes levied by the Central/State Govt. are fully exempted from service tax under the authority of Notification No. 13/2004-ST dated 10.09.2004. There are no infirmity in the impugned order warranting interference by this Tribunal - appeal of Revenue dismissed.

Summary

Issues involved:
The issues involved in the judgment are the liability of the respondent to pay service tax on collection charges retained for collecting municipal tax, the interpretation of 'Business Auxiliary Service' under the Finance Act, 1994, and the applicability of service tax on services provided to municipal committees.

Liability of Respondent for Service Tax on Collection Charges:
The appeal was filed by the Revenue against the order-in-original passed by the Commissioner of Central Excise, Rohtak, where the proceedings against the respondent were dropped regarding the demand for service tax on collection charges retained by the respondent. The respondent, engaged in the distribution of electricity, collected municipal tax on behalf of municipal committees. The Revenue contended that the collection charges retained by the respondent were liable to service tax under the category of 'Business Auxiliary Service.' However, the Commissioner held that the municipal committees were not engaged in business activities, and the respondent, being a statutory body, was not providing taxable services to the committees. Therefore, the demand for service tax was dropped.

Interpretation of 'Business Auxiliary Service':
The definition of 'Business Auxiliary Service' under Section 65(19) of the Finance Act, 1994 was examined by the Tribunal. The definition includes various services related to business activities, but it was found that the municipal committees, for whom the respondent collected tax, were not engaged in the sale of goods or services. As none of the clauses of the definition applied to the activity of tax collection by the respondent, the incidental or auxiliary services mentioned in the definition were not applicable. Therefore, the question of taxability under 'Business Auxiliary Service' did not arise in this case.

Applicability of Service Tax on Services to Municipal Committees:
The Tribunal also considered the exemption under Notification No. 13/2004-ST, which exempts taxable services of collecting duties and taxes levied by the Central/State Government from service tax. Even if the services provided by the respondent were considered taxable, the collection of municipal tax, as directed by the State Government, was exempted from service tax. The Tribunal upheld the findings of the Commissioner that there was no service element involved in the transactions, and hence, the collection charges were not considered as taxable value. Consequently, the respondent was not liable to pay any service tax on the collection charges.

Conclusion:
After analyzing the submissions of both parties and the relevant legal provisions, the Tribunal found no infirmity in the impugned order. Therefore, the appeal of the Revenue was dismissed, and the impugned order dropping the demand for service tax on collection charges retained by the respondent was upheld.