2008 (7) TMI 113 - AT - Service Tax

Tribunal rules in favor of appellant, no Service Tax liability. Penalties under Finance Act sections set aside.

PHASE 1 EVENTS & ENTERTAINMENT PVT. LTD. Versus CST., BANGALORE

PHASE 1 EVENTS & ENTERTAINMENT PVT. LTD. Versus CST., BANGALORE - 2008 (12) S.T.R. 174 (Tri. - Bang.) , 2008 (88) RLT 970 (CESTAT - Bang.) , [2009] 19 VST ... Issues:- Applicability of Service Tax on event management services- Relationship between service provider and service receiver- Validity of Order-in-Revision under Section 84 of the Finance Act, 1994- Imposition of penalties under Sections 76, 77, and 78 of the Finance ActAnalysis:1. Applicability of Service Tax on event management services:The case involved a dispute regarding the liability to pay Service Tax on services provided under the category of 'Event Management.' The appellant, a member of the OKTOBERFEST Committee, organized a festival but contended that they did not receive any consideration for the services rendered. The Revenue claimed that the receipts received by the appellant were for event management services. The lower authority initially dropped the proceedings, but the Commissioner, using powers under Section 84 of the Finance Act, 1994, passed an Order-in-Revision imposing a demand for Service Tax, interest, and penalties.2. Relationship between service provider and service receiver:The appellant argued that since they were a member of the OKTOBERFEST Committee and were requested by the committee to organize the event, there was no direct relationship of service provider and service receiver between them and the committee. They relied on various decisions of the Tribunal to support their contention that in the absence of a client-service provider relationship, Service Tax cannot be levied.3. Validity of Order-in-Revision under Section 84 of the Finance Act, 1994:The Tribunal carefully examined the facts of the case and the submissions made during the hearing. It noted that the appellant being a member of the OKTOBERFEST Committee did not establish a client-service provider relationship, as claimed by the Revenue. The Tribunal found the Order-in-Original to be well-reasoned and concluded that the appellant had a genuine belief that they were not liable to pay Service Tax. Therefore, it held that the Order-in-Revision lacked merit and decided to allow the appeal with consequential relief.4. Imposition of penalties under Sections 76, 77, and 78 of the Finance Act:The Commissioner had imposed penalties under Sections 76, 77, and 78 of the Finance Act, including a penalty of Rs. 1,35,000 under Section 78. However, the Tribunal, after considering the facts and arguments presented, found no merit in the Order-in-Revision and decided in favor of the appellant, indicating that the penalties imposed were not justified in this case.In conclusion, the Tribunal ruled in favor of the appellant, holding that there was no liability to pay Service Tax due to the absence of a client-service provider relationship and the appellant's genuine belief in their non-liability. The appeal was allowed with consequential relief, and the penalties imposed by the Commissioner were set aside.