Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

Comments

Print   |    |  Comment

PJ/Case Laws/2011-12/1455

Abacus training to children is recreational training cannot fall under “Commercial Training or Coaching Service”

Case: K. K. ACADEMY PVT. LTD VS COMMISSIONER OF SERVICE TAX, CHENNAI
 
Citation: 2011 (24) S.T.R. 702 (Tri- Chennai)
 
Issue:- Abacus training to children is recreational training cannot fall under “Commercial Training or Coaching Service”.
 
Abacus training to Teachers allows self employment or forgaining vocation – exempted from service tax not falling under “Commercial Training or Coaching Service”.
 
Brief Facts:- Appellant-company is engaged in imparting training to children in the age group of 6-13 years in the name and style as "Aloha India" [hereinafter referred as "Aloha"]. The Appellant through its various franchisees conducts a course called "Mental Arithmetic" for children. The course has a 8 level structure and each level is of 3 months duration with 4 classes per month. Classes are conducted once a week for 2 hours, generally during the weekend. Aloha imparts training through 'Abacus' which is an ancient Chinese tool still widely used in China in place of calculator. This coaching would result in overall brain development and would make children gain self-confidence. Aloha is affiliated to Aloha Mental Arithmetic, SDN BI-1D, Malaysia and Certificates are issued by the parent body.
 
Demand of service tax was raised against the appellant in respect of "Franchisee Services" for imparting training through "Abacus" using training method for which the appellants are the franchisee holders. The second part of the demand relates to imparting training through Abacus to students in different centres run by the appellants themselves under “Commercial Training or Coaching Service”. The third part of the demand relate to the training given by the appellant to the teachers, who in turn after being get employed or open separates center to impart training through Abacus to student.
 
Demand of duty was confirmed and penalties were also imposed. Appellant is now before the Tribunal.
 
Appellant’s Contention:- Appellants stated that with regard to amount received for franchisee services the Appellant have paid service tax but the same was paid after the lapse time. Appellant are not per se disputing the tax liability on Franchisee service but are seeking the reduction in the penalty amount.
 
As regard Abacus training to students falling under “Commercial Training or Coaching Service”, Appellant contended that such training has been held to be recreational training by the Tribunal in Fast Arithmetic’s vs. Asst. Commr. of C. Ex & ST, Manglore [2010(17) S.T.R. 158]. As per this decision, no Service tax is payable for imparting Abacus training since recreational training is covered under the Notification No. 9/2003-S.T., dated 20-6- 2003 and Notification No. 24/2004-S.T., dated 10-9-2004.
 
As regards the third category of training to the teachers, appellant stated that such training is in the nature of "Vocational Training", which is also exempted under the Notifications cited above.
 
Reasoning of Judgment:- The Tribunal was of the view that for the franchisee services rendered by appellants, they are liable to pay service tax and they are also not disputing their tax liability. As such, the demand relating to the franchisee services was confirmed. The Tribunal ordered that the amount already paid be adjusted against the demand confirmed by us.
 
As regards penalty, considering the fact that only Rs. 3.5 lakhs was paid after a delay, the penalty amount was reduced to Rs. 3.5 lakhs under Section 78 of the Finance Act, 1994, setting aside the balance amount.
 
As regards Abacus training imparted to the students, the Tribunal found that the issue stands settled by the Bangalore Tribunal in the case of Fast Arithmetic v. Asst. Comm. of C. Ex & S.T., Mangalore. Hence, following the ratio of the said decision, it was held that Abacus training to be recreational training and therefore, also held that the same comes under the exempted category of services. Consequently, the impugned demand in respect of such training is set aside along with the penalty amount imposed in respect of such training.
 
As regards the Abacus training imparted to teachers, the Tribunal found that such training enables such teachers to either get employment in a franchisee imparting similar training or to open their own training centres and thereby get self-employed. Either way, the training received by them prepares them to get employment/self-employment and such training, therefore would come under vocational training. Since vocational training comes under the exempted category of services, the demand confirmed in respect of Abacus training to teachers is also set aside along with the penalty imposed in respect of the same.
 
Decision:- Appeals allowed accordingly.
 
 
 
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com