2008 (11) TMI 101 - AT - Service Tax

Appellate Tribunal Upholds Duty Demand for Service Charges in Taxable Value

The Appellate Tribunal CESTAT, New Delhi upheld the demand of duty related to the inclusion of service charges in the taxable value for services provided ... Mandap Keeper – taxable value - demand in respect of inclusion of the “service charges” (charged in their Bill) in the taxable value, is upheld – submission hat the exemption claimed under Notification No. 12/2001-S.T. was not considered by the adjudicating authority - there is no evidence on record to suggest that the appellants ever claimed the benefit of the said notification – case remanded to examine the claim of of entitlement of benefit of notifications on the basis of evidence Issues: Taxable services provided, inclusion of service charges in taxable value, exemption claim under Notification No. 12/2001-S.T., verification of benefit claim, penalty under Section 78 of the Act, penalty under Section 76 of the Finance Act.Analysis:The judgment by the Appellate Tribunal CESTAT, New Delhi involved a case where the appellants were providing taxable services as 'Mandap Keeper' and had charged 'Service Charges' in their bills at 5% during the period 2004-2005. The issue revolved around whether these charges were included in the taxable value. The appellants claimed exemption under Notification No. 12/2001-S.T., which was not considered by the adjudicating authority.The Tribunal noted that the appellants had previously claimed exemption under the said notification, citing a previous Tribunal decision. However, the Commissioner (Appeals) observed a lack of evidence to support this claim. The appellants argued that they had submitted bills to the lower authorities, which needed verification regarding the benefit of the notification. The Tribunal agreed that further verification was necessary in this regard.The Tribunal upheld the impugned order concerning the demand of duty related to the inclusion of service charges in the taxable value. However, they directed the Adjudicating Authority to examine the appellant's claim for exemption under the notification based on evidence provided. It was emphasized that the dispute primarily concerned the taxable value, leading to the reduction of the penalty under Section 76 of the Finance Act to Rs. 25,000, while deeming the penalty under Section 78 of the Act as unsustainable. The appeal was disposed of accordingly.In conclusion, the judgment highlighted the importance of verifying claims for exemption under relevant notifications and ensuring accurate determination of taxable value in the context of service charges. The Tribunal's decision aimed to strike a balance between upholding tax obligations and providing opportunities for legitimate exemptions based on substantiated evidence.