2018 (3) TMI 550 - AT - Service Tax

Appellant Study Center Exempt from Service Tax: Tribunal Decision

Thanjai Study Centre Versus Commissioner of Central Excise, Thanjavur

Thanjai Study Centre Versus Commissioner of Central Excise, Thanjavur - TMI Issues Involved:Interpretation of 'Commercial Training Coaching Services' under Section 65 (26) of the Finance Act, 1994; Applicability of exemptions under Notification No.10/2003-ST; Whether services provided fall within the definition of 'Commercial Training or Coaching Services'; Validity of demand of service tax, interest, and penalties.Analysis:The case involved the provision of coaching and training services to students of two universities, with the Department asserting that these services fell under 'Commercial Training Coaching Services' under Section 65 (26) of the Finance Act, 1994. Show cause notices were issued, leading to demands of service tax, interest, and penalties. The original authority and Commissioner (Appeals) upheld these demands, prompting appeals by the appellants.The appellant argued that they were a study center affiliated with a university, with fees collected from students remitted to the university. They contended that the services provided did not fall under 'Commercial Training or Coaching Services' as per the Finance Act, 1994. The appellant cited a previous decision by CESTAT Chennai in support of their position.The respondent supported the findings in the impugned order, highlighting that exemptions under Notification No.10/2003-ST would not apply if charges were collected apart from fees. They argued that the services provided by the appellant fell within taxable services of commercial training or coaching centers.Upon hearing both sides, the Tribunal noted that fees were paid directly to the university by students, and agreements existed appointing the appellant as an authorized Study Center of the university. The Tribunal referenced previous decisions and legal provisions, ultimately determining that the appellant was exempt from service tax levy during the dispute period under Section 65 (27) of the Act, even without the benefit of Notification No.10/2003-ST.In conclusion, the Tribunal set aside the impugned orders and allowed the appeals, providing consequential benefits as per law. The decision was based on the interpretation of relevant legal provisions, exemptions, and the specific circumstances of the case, aligning with previous rulings and established principles.This detailed analysis of the judgment highlights the key legal issues, arguments presented by both parties, and the Tribunal's reasoning leading to the final decision in favor of the appellant.