2025 (8) TMI 254 - AT - Service Tax

Service tax demand on transaction charges set aside as charges paid as pure agent under Rule 5 struck down

IIFL Holdings Ltd. Versus Commissioner of Service Tax-VII, Mumbai

IIFL Holdings Ltd. Versus Commissioner of Service Tax-VII, Mumbai - TMI ISSUES: Whether transaction charges collected by stock brokers from clients and deposited with stock exchanges without mark-up/profit constitute part of the taxable value under service tax law.Whether Rule 5 of the Service Tax (Determination of Value) Rules, 2006, mandating inclusion of reimbursed expenses in taxable value, is valid and applicable.Whether the service provider acts as a 'pure agent' in collecting and depositing transaction charges, thus excluding such amounts from taxable value.Whether service tax demands, interest, and penalties imposed on reimbursed transaction charges are sustainable in light of judicial precedents.Whether the amendment to Section 67 of the Finance Act, 2015, including reimbursable expenditure in taxable value, applies retrospectively. RULINGS / HOLDINGS: The transaction charges collected from clients and deposited with stock exchanges without any mark-up/profit do not form part of the gross value for levy of service tax, as they are reimbursed expenses for which the service provider acts as a 'pure agent'.Rule 5 of the Service Tax (Determination of Value) Rules, 2006, which required inclusion of reimbursed expenses in taxable value, has been struck down as ultra vires Section 66 and Section 67 of the Act by the Hon'ble Delhi High Court and upheld by the Hon'ble Supreme Court.The service tax valuation must be limited to the 'gross amount charged by the service provider for such taxable service,' excluding amounts not calculated for providing the taxable service.The service tax demands, interest, and penalties based on inclusion of reimbursed transaction charges under Rule 5 are unsustainable and are set aside.The amendment to Section 67 by the Finance Act, 2015, incorporating reimbursable expenditure into taxable value, is prospective in nature and does not apply retrospectively. RATIONALE: The Court applied the legal framework under Section 66 (charging section) and Section 67 (valuation of taxable services) of the Finance Act, interpreting that service tax is leviable only on the value of services actually rendered as quid pro quo.Judicial precedents including the Hon'ble Supreme Court's decision in UOI v Intercontinental Consultants and Technocrats Pvt Ltd invalidated Rule 5 of the Valuation Rules, holding that subordinate legislation cannot override the statute.The principle that 'rules cannot go beyond the statute' was emphasized, citing authoritative precedents that subordinate legislation conflicting with the statute must be ignored.The Court recognized the legislative intent behind the 2015 amendment to Section 67 as a substantive change with prospective effect, reaffirming the principle against retrospective taxation unless explicitly stated.The Court noted the absence of malafides or evidence warranting extended limitation or penalties, reinforcing that the issue was purely of statutory interpretation.