2018 (3) TMI 555 - AT - Service Tax

Tribunal rules on service tax liability for annual fair, distinguishing Govt vs. commercial stalls

Tamilnadu Tourism Development Corporation Ltd. Versus Commissioner of Service Tax, Chennai

The tribunal ruled in favor of the appellant, a Government undertaking organizing an annual fair, setting aside the service tax liability imposed under ... Business Exhibition Service - conducting of “India Tourist and Industrial Fair” every year - Held that: - It is clear that large number of stalls / pavilions were put up by the Government departments like Ministry of Health, Family Welfare, Civil Supplies, Agriculture etc. As claimed by the appellant, these pavilions / stalls are not in furtherance in business or commerce of the Government. These are basically for propagation of public policy and also for increasing the awareness of the public in various vital areas like health, family welfare, civil supplies, agriculture etc. These are essentially sovereign governmental activities - the income attributable to such stalls and the pavilions accruing to the appellant cannot be covered by tax entry “Business Exhibition Service”. The appellant also claimed certain income as attributable to providing space for parking for visitors which is not covered by the said tax entry. Similarly, certain amusement facilities provided inside the trade fair, though by private parties, cannot be brought under the category “Business Exhibition Service” - these aspects have not been examined which required analysis by the lower authorities - matter on remand. Time limitation - Held that: - there is a case of bonafide belief on the part of the appellant who is Government of Tamilnadu undertaking regarding non-taxability of the activity - the original authority himself waived the penalty invoking the provisions of section 80 - extended period not invokable. Appeal allowed by way of remand. Issues:1. Whether the appellant is liable to pay service tax on pavilion/stall rent collected for organizing a fair.2. Whether the appellant's activities fall under the category of 'Business Exhibition Service' for tax liability.3. Whether the demand for service tax is valid for the extended period.4. Whether the appellant's income from stalls/pavilions put up by Government departments is taxable.5. Whether income from stalls/pavilions by commercial entities is taxable.6. Whether income from providing parking space and amusement facilities at the fair is taxable.Analysis:1. The appellant, a Government undertaking promoting tourism, organizes an annual fair with pavilions and stalls. The original authority imposed service tax liability under 'Business Exhibition Service.' The appellant contested, arguing the fair serves public interest, not commercial promotion. The appellant denied malafide intent to evade tax and claimed belief in coordinating Government policies. The appellate tribunal noted the fair's nature and purpose, ruling in favor of the appellant, setting aside the order for fresh consideration.2. The tribunal differentiated between stalls by Government departments for public policy and those by commercial entities for business promotion. Income from the former was deemed non-taxable under 'Business Exhibition Service,' while the latter's income was considered taxable. The tribunal highlighted the lack of examination and incorrect arguments, remanding the matter for proper analysis.3. The demand for service tax was contested on limitation grounds. The tribunal acknowledged the appellant's bonafide belief in non-taxability, leading to a waiver of penalty by the original authority. The tribunal instructed restricting the demand within the normal period, rejecting claims of misrepresentation or suppression against the appellant.4. The tribunal allowed the appeal by remanding the case to the original authority for reconsideration in light of the observations made. The judgment emphasized the distinction between activities promoting public interest and those for commercial purposes, guiding the authorities to assess the tax liability accurately based on the nature of income generated at the fair.Conclusion:The judgment clarified the tax liability of the appellant regarding income from organizing a fair, distinguishing between activities serving public interest and those for commercial promotion. The tribunal's decision to remand the case for fresh consideration ensures a fair assessment of the tax liability, emphasizing the importance of proper analysis and correct perspectives in tax matters.