2013 (1) TMI 576 - AT - Service Tax

Club's Appeal Upheld: No Service Tax on Entry Fees from Non-Members

Commissioner of Service Tax Versus Sun-N-Step Club Ltd.

The Tribunal rejected the Revenue's appeal in a case concerning the refund of Service Tax paid on entry fees charged to non-members by a club. The ... Refund - Unjust enrichment u/s 12B of Central Excise Act, 1944 - Section 73A - Refund claim for the amount paid by him mistakenly on the amount collected from non-members – Department contended that gross charges collected from the clients is inclusive of Service Tax which implies that certain portion of the gross amount is collected as representing Service Tax – Held that:- Following the decision in case of SUBAH ENGINEERS PVT. LTD. (2005 (3) TMI 499 - CESTAT, CHENNAI) that this matter is no longer res Integra and the Respondent is eligible for the refund claim and, therefore, we order that the refund amount should be paid to the Respondent forthwith. When there is no invoice raised or issued for collection of an amount as Service Tax, the question of depositing the same with the Government does not arise. In favour of assessee Issues:Refund of Service Tax paid on entry fee charged to non-members by a club; Application of unjust enrichment doctrine.Analysis:The appeal pertains to a refund claim filed by the appellant for Service Tax paid on entry fees charged to non-members by a club. The Commissioner, as a revisionary authority, reviewed the initial order allowing the refund claim, issued a Show-Cause Notice, and ultimately concluded that the appellant was eligible for the refund. The Revenue contested this decision, arguing unjust enrichment based on the Service Tax collected from non-members. The main contention was that the gross charges collected included Service Tax, implying the amount collected represented Service Tax. The Department emphasized the doctrine of unjust enrichment under the Central Excise Act and Finance Act. However, the appellant argued that no Service Tax was charged on amounts collected from non-members, as evidenced by the invoice. The Tribunal found that the appellant had paid Service Tax liability on income from non-members without passing on the tax burden. The Tribunal cited a similar case where unjust enrichment did not apply, supporting the appellant's position. It was established that the appellant did not charge Service Tax on non-members, and the issue of unjust enrichment did not arise. The Tribunal also noted that the provisions of Section 73A of the Finance Act were not applicable in the absence of invoicing for Service Tax collection. Consequently, the appeal by the Revenue was rejected based on the factual findings and legal precedents favoring the appellant.This judgment highlights the importance of factual findings and legal interpretations in determining the applicability of the unjust enrichment doctrine in refund claims related to Service Tax. The case underscores the need for clear evidence regarding the collection and payment of taxes to support refund claims and defend against assertions of unjust enrichment. The decision provides clarity on when the doctrine of unjust enrichment may not apply, especially in cases where taxes were not passed on to customers and were paid without invoicing. The judgment serves as a precedent for similar cases where the issue of unjust enrichment is raised concerning tax refund claims, emphasizing the significance of factual accuracy and legal reasoning in resolving such disputes.