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Issues: (i) Whether the extended period of limitation was invocable for demands founded on audited financial records; (ii) Whether payments to local workers for renovation constituted taxable works contract service under reverse charge; (iii) Whether recovery of a share of advertising costs from an associate concern was consideration for Business Promotion Service; and (iv) Whether employee deputation constituted manpower supply service and whether its demand survived limitation.
Issue (i): Whether the extended period of limitation was invocable for demands founded on audited financial records.
Analysis: The demand was based entirely on audited balance sheets, profit and loss accounts, and records maintained in the ordinary course of business. The records had also been subject to departmental audit, during which tax under reverse charge on another identified transaction had been discharged with interest. Crediting employee-related recoveries to salary expenses did not establish willful suppression or intent to evade tax; mere non-declaration was insufficient to invoke the extended period.
Conclusion: The extended period of limitation was not invocable, and demands raised by resort to that period were time-barred, in favour of the assessee.
Issue (ii): Whether payments to local workers for renovation constituted taxable works contract service under reverse charge.
Analysis: The evidence showed payment of labour charges to local workers for interior and renovation work, with materials procured by the assessee. No evidence established that any contractor had undertaken a works contract involving supply of goods and services. The labour-charge documents could not be disregarded merely because they were locally maintained or handwritten.
Conclusion: The labour-charge payments did not constitute works contract service, and the reverse-charge demand was unsustainable, in favour of the assessee.
Issue (iii): Whether recovery of a share of advertising costs from an associate concern was consideration for Business Promotion Service.
Analysis: Advertisements were arranged through third-party vendors for promotion of jewellery manufactured by the assessee, and a portion of the expenditure was recovered from the associate concern selling that jewellery. The arrangement reflected cost sharing for a common promotional activity, without a service-provider and service-recipient relationship or a separate promotional service rendered to the associate concern. The recovered amount was reimbursement of advertising expenditure and not consideration for a taxable service.
Conclusion: Recovery of the shared advertising expenditure was not consideration for Business Promotion Service, and the demand was unsustainable, in favour of the assessee.
Issue (iv): Whether employee deputation constituted manpower supply service and whether its demand survived limitation.
Analysis: Employee secondment was covered by the principle that deployment of employees by one entity to another for performing the recipient's work constitutes manpower supply service. However, the demand for April 2014 to June 2017 was issued only on 30 December 2020 and depended on the extended period, whose invocation was invalid.
Conclusion: Employee deputation constituted manpower supply service on merits, but the resulting demand was time-barred and unsustainable, ultimately in favour of the assessee.
Final Conclusion: No service-tax liability for the disputed period could be sustained: the works-contract and advertising claims failed on merits, while the manpower-supply claim failed on limitation.
Ratio Decidendi: Where a demand is founded on audited accounts and records available to the department, the manner of accounting alone does not establish willful suppression, and the extended period of limitation cannot be invoked.
Extended Limitation Requires Wilful Suppression: audited records cannot support time-barred service-tax demands, despite taxable employee secondment.
Extended limitation cannot rest solely on audited accounts and records available to the department: accounting treatment or non-declaration, without wilful suppression or intent to evade, is insufficient. Labour charges paid to local workers for renovation, where the recipient procures materials and no contractor supplies goods and services, do not establish a taxable works contract under reverse charge. Shared advertising-cost recovery between associates is reimbursement, not consideration for Business Promotion Service, absent a provider-recipient relationship. Employee secondment for the recipient's work constitutes manpower supply, but a demand dependent on an invalid extended period is time-barred.
Extended period of limitation - wilful suppression of facts - Business promotion service - advertisement cost sharing - Works contract service - labour charges - Manpower supply service - employee secondment Extended period of limitation - wilful suppression of facts - Invocation of the extended period for service-tax demands founded on the appellant's audited financial records - HELD THAT: - The show cause notice was based entirely on the audited balance sheet, profit and loss account and other records of the appellant, whose accounts had also undergone periodic departmental audit. Where the material for the notice is obtained from the assessee's own records, wilful suppression with intent to evade tax cannot be alleged. Accounting receipts under the salary head, by itself, did not establish wilful suppression, and mere failure to declare facts was insufficient. [Paras 17, 18, 22] The extended period was unavailable; consequently, the demands, including the manpower-service demand, were unsustainable on limitation. Works contract service - labour charges - Service-tax demand on labour charges as works contract service - HELD THAT: - There was no evidence that the appellant had entered into a works contract. The documents produced concerned labour charges, and no material established that those payments represented consideration for works contract service. [Paras 19] The demand under works contract service was held unsustainable. Business promotion service - advertisement cost sharing - Recovery of a share of advertisement expenditure from an associated concern as consideration for business promotion service - HELD THAT: - The Tribunal applied the principle laid down in M/s. Ruchi Strips [2017 (6) TMI 511 - CESTAT NEW DELHI], SK Cars India Pvt. Ltd [2023 (6) TMI 243 - CESTAT CHENNAI] and GR Thangamaligai [2026 (3) TMI 1204 - CESTAT CHENNAI] that sharing expenditure on promotional advertising, without a provider-recipient relationship or consideration for an independently rendered service, is a cost-sharing arrangement and not taxable business promotion. The recovery of advertisement expenses was therefore not consideration for a taxable service. [Paras 19, 20, 21, 23] The demand on advertisement cost sharing was held unsustainable. Manpower supply service - employee secondment - Taxability of employee secondment to an associated concern as manpower supply service - HELD THAT: - Following the Supreme Court ruling in Northern Operating Systems Pvt. Ltd. [2022 (5) TMI 967 - SUPREME COURT] on secondment of employees, the Tribunal held that the deputation of employees constituted manpower supply service notwithstanding the claim that the amounts received were salary reimbursements. [Paras 22] The manpower-service demand was correctly confirmed on merits but was unsustainable because it had been raised by invoking the extended period. Final Conclusion: The impugned order was set aside and the appeal allowed with consequential relief. Though the manpower-service liability was upheld on merits, the extended period was unavailable and the confirmed demands were unsustainable.