2013 (4) TMI 20 - AT - Service Tax

Tribunal Waives Dues Post Ad Ban, Halts Recovery

M/s FLYTECH MEDIA PVT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, HYDERABAD

M/s FLYTECH MEDIA PVT LTD. Versus COMMISSIONER OF CENTRAL EXCISE, HYDERABAD - TMI Issues involved:1. Demand of service tax under the category 'sale of space and time for advertisement'.2. Conversion of the amount paid for advertisement slots into equity shares.3. Validity of the impugned Order-in-Revision demanding service tax.4. Acceptance of submissions regarding no services rendered due to the High Court judgment.5. Imposition of penalties under Section 77 & 78.Analysis:1. The appellant, engaged in the sale of advertisement space and time, entered into an agreement with a company for outsourcing the sale of advertisement slots. Subsequently, a show-cause notice was issued proposing a demand for service tax. The original authority dropped the proceedings considering the conversion of the amounts paid into equity shares. However, the Commissioner, through the Order-in-Revision, treated the amounts as received towards services rendered and demanded service tax along with penalties.2. The appellant argued that no services were rendered following the High Court judgment banning such advertisements, and the amount paid was converted into equity shares. These arguments were also presented during the revision process but were not accepted by the Commissioner. The appellant's stance was that the conversion of the amount into equity shares indicated the absence of services being provided.3. The Commissioner, supported by the Additional Commissioner, upheld the decision in the Order-in-Revision, emphasizing that the amounts were received for services rendered. The Commissioner imposed penalties under Section 77 & 78, disregarding the appellant's contentions regarding the conversion of the amount into equity shares and the lack of services provided.4. Upon reviewing the submissions and records from both sides, the Tribunal found that no services were actually rendered in accordance with the agreement due to the High Court judgment prohibiting such advertisements. The Tribunal noted that the amounts paid were converted into equity shares, as confirmed to the Registrar of Companies. Consequently, the Tribunal determined that the demands specified in the impugned order should be waived. As a result, the Tribunal granted a waiver of the predeposit of dues and stayed the recovery until the appeal's final disposal.5. In conclusion, the Tribunal, after careful consideration, acknowledged the absence of services rendered post the High Court judgment and the conversion of the payment into equity shares. Therefore, the Tribunal decided to waive the dues specified in the impugned order and stayed the recovery process until the appeal's resolution.This comprehensive analysis highlights the key issues addressed in the judgment, including the demand for service tax, conversion of payment into equity shares, validity of the Order-in-Revision, acceptance of submissions, and imposition of penalties. The Tribunal's decision to waive the dues and stay the recovery process was based on the absence of services rendered and the conversion of the payment into equity shares, as per the High Court judgment.