Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Law/2013-14/1639

Whether service tax demanded on “computer training” during the period it was exempted justifiable?

Case:- M/s GARGI CONSULTANTS PVT LTD VERSUS COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD

Citation:-2013-TIOL-940-CESTAT-DEL

Brief Facts:-As per facts on record the appellant is engaged in providing "Commercial Coaching and Training" services and were registered with the Service Tax Department and were discharging their service tax liability. They were issued a show cause notice dated 22.09.2010 proposing confirmation of service tax amounting to Rs.2,02,939/- on the ground that during the period July 2004 to March 2005 they have provided "computer training" and has not discharged service tax liability on the same.

The appellant contended before the lower authorities during the said period "computer training" was covered under "vocational training". In as much as "vocational training"was exemptedfrom service tax vide notification No. 9/2003-S.T. 12-06-2003 read with subsequent notification No. 24/2004-ST dated 10-09-2004, no service tax was required to the paid on the same. It was submitted that the "computer training" was withdrawn from exemption by issuance of notification 19/2005 dated 7-6-2005, effective from 16-6-2005, and as such liability to pay service tax arose from the said date only. In as much as the period is prior to 16-06-2005, no service tax demand can be confirmed against them. They also relied upon various decisions of the Tribunal as detailed below:-

(i) Doon Institute of Information Tech. (P) Ltd. VS CCE [2008 (12) STR 459 (Tri- Principal Bench) = (2008-TIOL-1566-CESTAT-DEL)
(ii) Sunwin Techno Solutions Pvt. Ltd. Vs CCE, Ranchi [2007 (7) STR 700 (Tribunal) = (2007-TIOL-1392-CESTAT-KOL)
(iii) Uttara Training, Software & Allied Services Vs. CST Banglore 2009 (14) STR 218 (Tri-Banglore) = (2008-TIOL-2480-CESTAT-BANG).

The appellant also contested the demand on the point of limitation.

However, the original adjudicating authorities confirmed the proposed demand along with confirmation of interest and imposition of penalties under various sections of the Finance Act, 1994. Upon appeal, Commissioner (Appeals) upheld the impugned order with modification in the quantum of penalties. Hence the present appeal.

Appellant Contentions:-The appellant submitted that during the relevant period, all the decisions of the Tribunal were in favour of the assessee and it stands held by the Tribunal that "computer training" has been specifically taken out of the exemption only with effect from 16-06-2005, with the issuance of notification No. 19/2005. The period prior to 16-06-2005 will not cover the "computer training institute" in as much as the same is "vocational training", covered by the exemption notification, Learned advocate, however, fairly agrees that the Tribunal's decision in the case of Sunwin Techno solutions Pvt. Ltd., stands reversed by the Hon'ble Supreme Court, when the appeal filed by the revenue was allowed, as reported in 2011 (21) S.T.R. 97 (S.C.) = (2010-TIOL-108-SC-ST). However, he submits that the fact that all the earlier decision of the Tribunal were in favour of the appellant, no malafide suppression, with in intent to evade payment of tax can be attributed to the assessee so as to justifiably invoke the longer period of limitation.
 
Respondent Contentions:-The Respondent is strongly relies upon the Hon'ble Supreme Court decisions in the case of Commissioner Vs. Sunwin Techno Solutions Pvt. Ltd. and submits that the Hon'ble Supreme Court has held that notification No. 19/2005 was only clarificatory and hence applicable retrospectively, the appellant's service tax liability is required to the sustained.

Reasoning of Judgment:-We have considered the submission from both the parties and perused the record, we find that issue on merits is no longer res-integra. The Hon'ble Supreme Court in the case of Sunwin Techno solutions Pvt. Ltd., referred supra, has held that during the period from 10-09-2004 to 15-06-2005, an assessee providing "computer training" services is required to pay service tax in as much as the subsequent notification effective from 16-06-2005 was only a clarificatory notification and was effective retrospectively.

However, we find that the demand in the present case stand raised for the period July 2004 to March 2005 by way of issuance of show cause notice on 22-09-2010. During the relevant period all the decisions of the Tribunal were in favour of the assessee, laying down that a "computer training institute" is covered by the expression "vocational training institute" and as such, was exempted from service tax. As such when the Tribunal, an expert appellant body, has interpreted the law in favour of the assessee, no fault can be found on the part of the assessee to interpret the law in the same manner and not to pay service tax on the "computer training services". It is only subsequently that the law declared by the Tribunal was reversed by the Hon'ble Supreme Court in the case of Sunwin Techno Solutions Pvt. Ltd. As such we are of the view that there was a bonafide belief on the part of the assessee not to pay service tax on the "computer training services" provided by them. There is no evidence indicating any malafide suppression or mis-statement with an intent to evade duty on the part the appellant. In as much as the demand stands raised against the appellant by invoking the longer period of limitation, we are of the view that the same is not justifiable.

As such we set aside the impugned order and allow the appeal on the point of time bar, with consequential relief to the appellant.

Decision:-Appeal allowed.
 

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