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2025 (4) TMI 448 - AT - Service TaxLevy of service tax - Support Services of Business or Commerce - subvention amount received by the appellant - HELD THAT - The present Statement of Demand has been issued premised on the allegations mentioned in the previous SCNs which stood adjudicated and the appeals preferred against the impugned Orders therein have been decided by this Tribunal in the appellant s favour in 2023 (2) TMI 830 - CESTAT CHENNAI - Thus the issue is no more res-integra and stands decided in the appellant s favour not only by virtue of the aforesaid decision in the appellant s own case but also the decisions relied upon by the appellant as aforementioned. Conclusion - BCCI and similar cricket associations are not commercial entities and their activities do not constitute business or commerce for service tax purposes. Appeal allowed.
ISSUES PRESENTED and CONSIDERED
The core legal issue considered in this judgment is whether the subvention amount received by the Tamilnadu Cricket Association from the Board of Control for Cricket in India (BCCI) is subject to service tax under the category of "Support Services of Business or Commerce" as defined under Section 65(104c) read with Section 65(105)(zzzq) of the Finance Act, 1994. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents The legal framework involves the interpretation of "Support Services of Business or Commerce" under the Finance Act, 1994. The Tribunal references several precedents, including decisions in CCE & ST Rajkot v. Saurashtra Cricket Association, KPH Dream Cricket Pvt Ltd v. Commissioner, and CCE v. Rajasthan Cricket Association, which establish that sports organizations are not considered commercial entities for the purpose of service tax. Court's Interpretation and Reasoning The Tribunal's interpretation hinges on the nature of BCCI and the Tamilnadu Cricket Association as non-commercial entities focused on promoting cricket rather than engaging in business activities. The Tribunal emphasizes that the receipt of subvention amounts from BCCI, intended for cricket promotion, does not constitute a commercial transaction subject to service tax. Key Evidence and Findings The Tribunal finds that the appellant received subvention amounts from BCCI, which were not contingent upon the conduct of IPL matches. Additionally, the appellant had already discharged service tax obligations for renting the stadium to franchisees, further indicating that the subvention was not a consideration for services rendered. Application of Law to Facts The Tribunal applies the definition of "Support Services of Business or Commerce" and concludes that the Department failed to provide necessary evidence to classify the subvention as consideration for a taxable service. The Tribunal notes that the appellant's activities align with promoting cricket, not conducting business. Treatment of Competing Arguments The appellant argued that the subvention amounts were unrelated to any commercial activity and cited previous favorable rulings. The respondent reiterated the adjudicating authority's position that the subvention constituted taxable consideration. The Tribunal sided with the appellant, referencing prior decisions and the lack of evidence from the Department. Conclusions The Tribunal concludes that the subvention amounts received by the appellant do not fall under "Support Services of Business or Commerce" and are not subject to service tax. The Tribunal sets aside the impugned order, allowing the appeal with consequential relief. SIGNIFICANT HOLDINGS The Tribunal holds that the Department failed to establish that the appellant rendered a service under the definition of "Support Services of Business or Commerce." The Tribunal emphasizes that BCCI and similar cricket associations are not commercial entities, and their activities do not constitute business or commerce for service tax purposes. The Tribunal's decision aligns with prior rulings that sports organizations are not commercial organizations. The Tribunal orders that the impugned Order-in-Original No. 03/2015-C dated 18.09.2015 is set aside, and the appeal is allowed with consequential relief in law.
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