2019 (2) TMI 1310 - AT - Service Tax

Tribunal overturns service tax liability for advertising agency, emphasizing need for clear service-tax alignment.

William Lea (India) P. Ltd. Versus Commissioner of Central Excise, Chennai-IV

William Lea (India) P. Ltd. Versus Commissioner of Central Excise, Chennai-IV - 2019 (25) G. S. T. L. 433 (Tri. - Chennai) Issues:Classification of services provided by the appellants to Reader's Digest as taxable services of 'Advertising Agency' under Section 65(105)(e) of the Act, demand of service tax, interest, and penalties imposed.Analysis:The case involved the appellants providing manpower supply services to clients, including Reader's Digest, through a Master Agreement with the parent company. The department alleged that the appellants provided composite services akin to an advertising agency, leading to a show cause notice for service tax demands. The appellants contended that their services were composite, involving goods and services, and not typical of an advertising agency. They argued that the value of goods supplied should not be part of the taxable service value, citing Notification No.12/2003 and relevant case laws.The tribunal examined the definitions of 'Advertisement,' 'Advertising Agency,' and 'Taxable Service' under the Finance Act, 1994. The appellants' services were analyzed to determine if they fell under the category of services connected to the making or preparation of advertisements. The tribunal noted conflicting interpretations by the department and appellants regarding the nature of services provided, especially in relation to advertising activities.The tribunal found that the appellants' services did not align with the definition of 'Advertising Agency Service.' While the department alleged composite services under various categories, the tribunal concluded that the services did not merit classification as 'Advertisement Agency Service.' The tribunal highlighted discrepancies in the department's conclusions and set aside the demand for service tax liability under the 'Advertising Agency Service' category.In conclusion, the tribunal allowed the appeal, overturning the service tax liability imposed on the appellants as an advertising agency. The judgment provided consequential benefits to the appellants as per the law, emphasizing the need for a clear alignment between the nature of services provided and the applicable tax categorization.This detailed analysis of the judgment showcases the dispute over the classification of services and the tribunal's decision to set aside the demand for service tax liability under the 'Advertising Agency Service' category.