TaxTMI 
TaxTMI 
2018 (1) TMI 1087
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....confirmed against the appellant:- Sl. No. Demand Head Tax Amount Penalty a. Manpower Recruitment Supply provided to Group Companies - sharing of cost of employees. 2,23,13,596/- 2,23,13,596/- b. Considering „own trading‟ as exempted service, violation of Rule 6 (3) - for non-maintenance of separate accounts 18,00,256/- 18,00,256/- c. Penalty on Cenvat Credit of Input Services reversed during adjudication Appropriated 38,43,470/- 2.1 With regard to service tax demand against manpower recruitment or supply agency service, ld. Advocate appearing for the appellant submits that the staff deputed by the appellant to its associated enterprises are employees of the appellant and the app....
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....ance Act, 1994. 2.3 Regarding imposition of penalty under sub-rule (3) of Rule 15 ibid, the ld. Advocate submits that the amended provisions of the said Rules, w.e.f. 17.02.2010 will not be applicable to the facts of the present case, since the period of dispute is of 2005-06 to 2009-10, which is prior to the date of amendment. 2.4 To support the above submissions, the ld. Advocate has relied on the judgement of Hon'ble Gujarat High Court in the case of Commissioner of Service Tax Vs. Arvind Mills Ltd. - 2014 (35) S.T.R. 496 (Guj.), Krohne Marshall Pvt. Ltd. vs. CCE, Pune - 2015-TIOL-2860-(Mum.), CCE Vs. Fosroc Chemicals India Pvt. Ltd. - 2016 (42) STR 28 (Tri.). 3. On the other hand, the ld. D.R. appearing for the respondent reite....
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....r recruitment or supply agency service effective from 16.06.2005 to 15.05.2008. The definition provides that in order to fall under such category of taxable service, the taxable service has to be provided to a "client". In this case, the fact is not under dispute that the appellant is engaged in the business of providing securities, broking advisory service to its client. It never provides any manpower recruitment or supply agency service in the course of its business or commerce. In the case in hand, the appellant received the consideration towards deputing its staff members to the associate enterprises in the form of re-imbursement of expenses towards its members. Since the appellant is not a professionally manpower supply agency and mere....
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....he control and supervision remained with the respondent. As pointed out by the respondent, company is not in the business of providing recruitment or supply of manpower. Actual cost incurred by the company in terms of salary, remuneration and perquisites is only reimbursed by the group companies. There is no element of profit or finance benefit. The subsidiary companies cannot be said to be their clients. Deputation of the employees was only for and in the interest of the company. There was no relation of agency and client. It was pointed out that the employee deputed did not exclusively work under the direction of supervision or control of subsidiary company. All throughout he would be under the continuous control and direction of the comp....
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....service tax thereon. Further, we also find that the Department in the show cause notice has also accepted the legal provision that trading activities for sale do not attract any Central Excise duty or Service Tax. Therefore, we are of the view that own trading of securities cannot be termed as exempted service and accordingly, the provisions of rule 6 (3) ibid will not applicable for maintenance of separate records/accounts. The present finding is only on this limited aspect of application of Rule b (3). The basic issue as to whether the Cenvat Scheme itself is applicable to such trading has not been a dispute examined in the proceedings. 8. In this case, the impugned order has imposed penalty under sub-rule (3) of Rule 15 ibid. The said....