2018 (8) TMI 1590 - AT - Service Tax

Tribunal exempts Ministry entity from service tax pre-July 2012; upholds tax post-July 2012. Penalties set aside.

The Tribunal ruled in favor of the appellant, a Ministry of Commerce entity, on the issue of service tax liability for Membership of Clubs or Associations ... Membership of Clubs or Associations Services - Renting of Immovable Property Service - periods from 01.10.2005 to March 2013 - Held that:- This Bench in M/S. COSMOPOLITAN CLUB VERSUS CCE & ST, MADURAI [2018 (2) TMI 1052 - CESTAT CHENNAI], has held that for the period up to 30.06.2012, there cannot be any service tax liability on the amounts collected by the clubs/associations from its members under various categories of members - there cannot be any demand in respect of Clubs and Association service up to 30.06.2012 - the demand for the period from 01.07.2012 will sustain. Renting of Immovable Property service - Held that:- They very much fall within the taxable category and hence the appellants cannot escape tax liability on these services - demand sustain. Penalty - Held that:- The issue of taxability under Clubs and Association services was mired in litigation and was only lead to rest by the High Court judgments - also in respect of Renting of Immovable Property services, provided by the appellants were under the mistaken assumption that there would be no tax liability on the ground that they had rented their own premises to the Council - intent to evade cannot be alleged on appellants - penalty do not sustain. Appeal allowed in part. Issues:1. Service tax liability under 'Membership of Clubs or Associations Services'2. Service tax liability under 'Renting of Immovable Property Service'3. Penalty imposition for non-payment of service taxAnalysis:1. Membership of Clubs or Associations Services:The appellant, functioning under the Ministry of Commerce, was engaged in export promotion of handloom items and provided services to members for admission fees and other charges. Four show cause notices (SCNs) were issued covering periods from 01.10.2005 to March 2013, demanding service tax liability. The impugned order confirmed the demands under this category. The appellant, through their advocate, informed that they are not pressing their case for demands after 01.07.2012, citing Tribunal decisions and High Court judgments that clubs or associations cannot be taxed for amounts collected from members up to 30.06.2012. The Tribunal agreed, holding no tax liability for the period up to 30.06.2012 but sustained the demand from 01.07.2012 onwards.2. Renting of Immovable Property Service:Regarding the demands under Renting of Immovable Property service, the appellant argued that non-discharge of service tax was due to a mistaken interpretation, not willful suppression to evade tax. The Assistant Commissioner supported the impugned order. The Tribunal found that these services fell within the taxable category, upholding the demands of &8377;93,644 and &8377;48,739 with applicable interest. The appeals on these services were dismissed.3. Penalty Imposition:The Tribunal noted that the issue of taxability under Clubs and Association services was resolved by High Court judgments, and the renting of premises to the Council was based on a mistaken assumption of no tax liability. Consequently, penalties were set aside as there was no intention to evade tax liability. All four appeals were allowed partly based on the above determinations.