2016 (7) TMI 779 - AT - Service Tax

Denial of Input Service Credit for Sports Club Fees by Chartered Accountant Upheld

M/s. Pradeep Singh Associates Versus Commissioner of Central Excise & S.T., Surat

The Tribunal upheld the decision to deny input service credit for membership fees paid to a sports club by a Chartered Accountant service provider. The ... Cenvat Credit - eligible input services - appellant have taken membership of Mumbai Cricket Association for the purpose of availing the facility of the club such as Waiting Rooms, Conference Hall etc., since they did not have an office in Mumbai. - Held that:- Mumbai Cricket Association has charged Lifetime Membership Fees to the appellants and it is this amount which the appellant is claiming as input service credit. We find force in the arguments of the learned Authorised Representative that the same cannot be treated as charges related to business activities for the output service provided by the appellant, namely Chartered Accountant Services. - Credit not allowed - Decided against the assessee. Issues: Denial of input service credit for membership fees of a sports club claimed by a Chartered Accountant service provider.Analysis:The appellant, a provider of Chartered Accountant Services, claimed input service credit for the membership fees paid to Mumbai Cricket Association. The lower authorities denied the claim citing both merit-based and procedural issues. The appellant argued that the membership was taken to utilize club facilities due to the absence of an office in Mumbai, and hence, the fees should be considered an input service. The Revenue's representative contended that the club was purely for sports and entertainment, with services not directly related to the appellant's output services. The lack of a breakdown of charges for specific facilities further weakened the appellant's case. The Tribunal noted that the membership fees were for a lifetime membership and concluded that they were not related to the appellant's business activities of providing Chartered Accountant Services.The Tribunal carefully considered the arguments from both sides and examined the documents showing the nature of the membership fees charged by the Mumbai Cricket Association. It was established that the fees were for a lifetime membership and not specifically tied to the appellant's business activities. The Tribunal agreed with the Revenue's representative that the charges were not related to the output services provided by the appellant. Consequently, the Tribunal upheld the lower authorities' decision to deny the input service credit for the membership fees. The appeal was rejected, and the orders of the lower authorities were upheld.In conclusion, the Tribunal found no reason to interfere with the lower authorities' decision to deny input service credit for the membership fees paid to the Mumbai Cricket Association by the Chartered Accountant service provider. The lack of a direct nexus between the fees and the output services provided led to the rejection of the appellant's claim. The judgment emphasized the importance of establishing a clear connection between input services claimed and the business activities for which credit is sought.