2007 (3) TMI 33 - AT - Service Tax

Tribunal rules in favor of Courier Agency on service tax for export, clarifies 'export of service'

TNT INDIA PVT. LTD. Versus COMMISSIONER OF SERVICE TAX, BANGALORE

The Tribunal ruled in favor of the appellant, a Courier Agency Services provider, in a case concerning the applicability of service tax on the export of ... Export of Services – Revenue contended that the appellant are liable to pay service tax on “Export of Courier Services” on the ground that they are not entitle for the benefit of Rule 4 of Export of Services Rules,2005 – Commissioner rejected the revenue contention Issues:1. Applicability of service tax on export of courier services.Analysis:The appellant, a Courier Agency Services provider, was asked to pre-deposit a substantial amount of service tax and penalty under the Finance Act, 1994. The issue revolved around whether the appellant was liable to pay service tax for exporting courier services. The Revenue argued that since the appellant collected fees from clients in India, the services were deemed to have been performed in India. However, the appellant contended that if a service is partly performed outside India, it should be considered as performed outside India. The appellant relied on specific provisions and circulars to support their argument that service tax is not applicable on the export of services. They highlighted that the service recipient was abroad, not in India, making the Board's Circular cited by the Revenue inapplicable. The Tribunal noted that once goods are taken out of the country, export is deemed to have taken place, and even partial export outside India should be considered as performed outside India. The Tribunal agreed with the appellant's interpretation of the rules and circulars, granting a full waiver of the pre-deposit amount and staying its recovery until the appeal's disposal. The case was listed for an expedited hearing due to the significant revenue implications.This judgment clarifies the interpretation of the term 'export of service' in the context of courier services and the applicability of service tax. It emphasizes the importance of considering specific provisions and circulars to determine tax liability on exported services. The Tribunal's decision to grant a waiver and expedite the appeal hearing reflects the complexity and substantial financial implications of the case.