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 LAW/2014-15/2488

Whether letting of auditorium for staging dramas leviable to service tax under ‘Mandap Keeper’?

Case:- GADKARI RANGAYATAN VERSUS COMMISSIONER OF SERVICE TAX, MUMBAI-II
 
Citation:- 2014 (36) S.T.R. 155 (Tri. - Mumbai)
 

Brief fact:-The appeal is directed against the Order-in-Appeal No. SB(6)6/STC/2010, dated 12-1-2010 passed by the Commissioner of Central Excise (Appeals), Mumbai-I.
The appellants M/s. Gadkari Rangayatan, Thane are run by the Thane Municipal Corporation and they rent out their auditorium for staging dramas and other entertainments for the citizens of Thane. The issue is whether they are liable to service tax under the category of “Mandap Keeper Services” during the period from 1998-99 to 2004-05. The adjudicating authority held that they are liable to service tax under the above category and confirmed the service tax demand vide Order-in-Original dated 13-3-2006. Interest on the service tax liability was also confirmed and penalties were imposed on the appellant under Sections 76, 77 and 78 of the Finance Act, 1994. The appellant preferred an appeal before the Commissioner (Appeals) who vide the impugned order upheld the Order-in-Original. Hence the appellants are before tribunal.
 
Appellant’s contention:- None appeared for the appellant in spite of notice. The case was listed for hearing earlier on a number of occasions on 13-8-2012, 25-9-2012, 19-11-2012. However, none appeared for the appellant despite notice. Therefore, the appeal was taken up for consideration and disposal on the basis of the submissions made by the appellant in their appeal memo.
The main argument of the appellant is that Auditorium is rented out for conducting drama performance and other cultural entertainments. Such events cannot be considered as official, social or business function and hence, they are not liable to Service Tax under the category of Mandap Keeper Services.
 
Respondent’s contention:-The learned Addl. Commissioner (A.R.) appearing for the Revenue, on the other hand, contends that the issue is settled in favour of the Revenue by this Tribunal in the cases of Secretary, Town Hall Committeev. Commissioner of Central Excise, Mysore - 2007 (8)S.T.R.170 (Tri.-Bang.)and Manager, Ravindra Kalakshetrav. Commissioner of Central Excise, Bangalore - 2008 (10)S.T.R.249 (Tri.-Bang.), wherein it was held that the term ‘social function’ specified in Mandap Keeper Service is very comprehensive and would cover cultural events also and renting out the premises for cultural events would be liable to Service Tax under the category of Mandap Keeper Services.
 
Reasoning of judgment:- As per Section 65(105)(m) the Mandap Keeper service defined as “any service provided or to be provided to any person by a Mandap Keeper in relation to the use of Mandap in any manner including the facilities provided or to be provided to such person, in relation to such use and also the services, if any, provided or to be provided as a caterer.” Section 65(66) defines Mandap as any immovable property as defined under Section 3 of the Transfer of Property Act, 1882 and includes any furniture, fixtures, light fittings and floor coverings therein let out for consideration for organizing any official, social or business function. As per explanation thereto, social function includes marriage.
The question to be decided is when the Auditorium is rented out for conducting cultural functions, whether the same would get covered within the definition of Mandap Keeper. This very issue was considered by this Tribunal in the case of Secretary, Town Hall Committee (supra) and this Tribunal held as follows :-
“The term ‘social function’ is very comprehensive. Cultural events are only a subset of social functions. In our view, any cultural event would also be considered as a social function. In a social function like dance or drama, many people attend for watching the programme. We cannot say that there is no meeting of minds. The learned Advocate wants to restrict the scope of function only to certain ceremonies like marriage. We are afraid that there is no justifiable reason for limiting the scope of the term ‘social function’ in such a manner.”
Thus, this Tribunal held that cultural functions are also social functions and renting out the hall for cultural functions would attract Service Tax liability. The said decision of the Tribunal was also upheld by the Hon’ble High Court of Karnataka reported in 2011 (24)S.T.R.172 (Kar.). This Tribunal also followed the ratio of the said decision in the case of Manager, Ravindra Kalakshetra (supra) and also in the case of Surat Municipal Corporation v. Commissioner of Central Excise, Surat reported in 2006 (4)S.T.R.44. Thus, they are of the considered view that the activity undertaken by the appellant in the present case would get squarely covered under the category of “Mandap Keeper Services” and the appellants are liable to pay Service Tax on the said activity accordingly.
The next issue to be decided is whether the extended period of time invoked to confirm the duty demand can be sustained and whether the appellant can be charged with intention to evade payment of Service Tax? A similar issue was considered in the case of Surat Municipal Corporation case (supra) and it was held that in the case of Statutory/Government bodies, there can be no mala fide intention to evade payment of Service Tax and it can be considered only as an omission on the part of the appellants and, therefore, there is no need to impose any penalty and invoke any extended period of time. A similar view was held in the case of other Government bodies, in BEST Undertaking v. Commissioner of Central Excise, Mumbai - 2007 (213)E.L.T.202.
Following the ratios of the above decisions, in the present case also, they hold that the demand of Service Tax can be upheld only for the normal period of limitation and not for the extended period. The adjudicating authority is directed to re-compute the duty demand for the normal period of limitation and intimate the same to the appellants for payment. The appellant would also be liable to pay interest on the recomputed demand in terms of Section 75 of the Finance Act, 1994.
As regards penalties imposed on the appellants, they hold that there cannot be any mala fide intention on the part of the appellant being a Government body and, therefore, they set aside the penalties imposed on the appellants under Section 80 of the Finance Act, 1994.
The appeal is disposed of in the above terms.
 
Decision:- Appeal disposed of.
 
Comment:- The analogy of the case is that if Auditorium is rented out for conducting drama performance and other cultural entertainment shows, the same would be covered by the term ‘social function’. Cultural functions are also social functions and renting out the hall for cultural functions would attract Service Tax liability. According to various decisions on the issue under consideration, appellant was liable to pay service tax under the category of “Mandap Keeper Services”.As regards imposition of penalty was concerned, it was concluded that the appellant being a government body, there can be no intention to evade payment of service tax. Accordingly, the extended period was not invoked and the service tax demand was restricted to normal period with setting aside of penalties imposed on them.
 
Prepared by:- Monika Tak

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