2014 (2) TMI 622 - HC - Service Tax

High Court modifies pre-deposit amount for Commercial Training Services

NATIONAL INSURANCE ACADEMY Versus THE COMMISSIONER OF SERVICE TAX

The High Court partially allowed the appeal, modifying the pre-deposit amount for Commercial Training or Coaching Services from 50% to 25%. The appellant ... Waiver of pre-deposit - tribunal irected to make pre-deposit of 50% of the confirmed Service Tax demand - services by imparting training in MBA Course - institution rendering for charitable purposes - Held that:- interests of justice would be served if the amount of predeposit on Commercial Training or Coaching Service is reduced from 50% to 25%, but this reduction will apply in respect of service tax payable for commercial training or coaching quantified at Rs.4,80,63,080/for the period between October 2006 to March 2012. So far as the other services are concerned, no submissions were made by the appellant before us or even before the Tribunal for dispensing with predeposit of demand. Therefore, the appellant shall deposit the entire amount of Rs.54.01 lakhs attributable to the other services. Issues:Challenge to order of Customs, Excise and Service Tax Appellate Tribunal regarding pre-deposit of Service Tax demand; Liability of appellant to pay Service Tax under 'Commercial Training or Coaching' category; Financial hardship plea for complete waiver of pre-deposit; Prima facie view of Tribunal on taxable services provided by appellant; Reduction of pre-deposit amount for Commercial Training or Coaching Services.Analysis:The judgment involves an appeal challenging the order of the Customs, Excise and Service Tax Appellate Tribunal, directing the appellant to make a pre-deposit of 50% of the confirmed Service Tax demand for the purpose of entertaining its appeal on merits. The appellant's primary dispute revolves around the liability to pay Service Tax under the category of 'Commercial Training or Coaching' of the Finance Act 1994. The appellant, a society registered under various Acts, argued that the demand raised was time-barred and that financial hardship made the impugned order unsustainable.The appellant contended that their services of Commercial Training or Coaching, specifically an MBA course, were not chargeable to service tax as they were rendered for charitable purposes. The appellant's belief was supported by an opinion of a consultant and past decisions of the Tribunal. Despite this, a show cause notice was issued, demanding a substantial amount for various services, including Commercial Training or Coaching. The Commissioner of Service Tax upheld the demand, leading to the appeal before the Tribunal.During the appeal process, the appellant sought a waiver of the pre-deposit based on financial hardship and the belief that they were not liable to pay service tax. The Tribunal, however, directed the appellant to pay 50% of the confirmed demand. The High Court, after considering the arguments, reduced the pre-deposit amount for Commercial Training or Coaching Services from 50% to 25%, citing the appellant's genuine understanding and the time-barred nature of the demand. The appellant was required to deposit the remaining amount attributable to other services within a specified timeframe.In conclusion, the appeal was partly allowed, modifying the pre-deposit amount for Commercial Training or Coaching Services and requiring the appellant to deposit the amount attributed to other services within a stipulated period. An interim stay against coercive recovery was granted until the appeal's final disposal, with no order as to costs.