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/2013-14/1705

Whether training of visual effects and animation liable for benefit of exemption under vocational training?

Case:-M/s DIGITAL MAGIC VISUAL INDIA LTD Vs COMMISSIONER OF SERVICE TAX, CHENNAI
 
Citation:-2013-TIOL-1292-CESTAT-MAD

Brief facts :- The applicant is engaged in the activity of video tape production and also providing training in visual effects and animation. There is a demand against the applicant under five broad categories as under:-
 

S. No. Description of Demand Amount Amount
1.      Non-payment of service tax for the period from April 2008 to March 2009 16,29,611/-
2.      Non-payment of service tax on Commercial Training or Coaching Service – April 2006 to March 2009 30,73,675/-
3.      Short payment of service tax for the period from April 2004 to March 2008 87,905/-
4.      Irregular availment of CENVAT credit 2,34,384/-
5.      Non-payment of interest on delayed payment of service tax for the period from April 2004 to March 2008 1,19,091/-
 

 
Appellant contention :-The appellant contented that in the case of Item No. 1, the applicant collected the service tax but did not pay to the Department. The counsel for the applicant is not contesting the demand except to the extent of in this respect a small difference in the quantification. So is the case for demands at item Nos. 3, 4 and 5 in the table above.
 
In the case of Item No.2 which relates to service tax under the heading "Commercial Training or Coaching", his contention is that the training imparted by the applicant was actually in the field of visual effects and visual communication and animation. He concedes that such training was imparted using computers. He is claiming exemption under Notification No. 24/2004-ST dated 10.9.2004 as amended which provided exemption for training provided by a vocational training institute. He submits that the training imparted by his client qualifies as vocational training. Therefore, he prays for waiver of dues arising from the order for admission of appeal.
 
Respondent contention :-Opposing the prayer the learned AR for Revenue submits that from 16.6.2005, the notification No.24/2004-ST was specifically amended to add following proviso:
 
"Provided that nothing contained in this notification shall apply to the taxable services provided in relation to commercial training or coaching by a computer training institute.";
 
Further an Explanation reading as under was also inserted:
 
'(iii) "computer training institute" means a commercial training or coaching centre which provides coaching or training relating to computer software or hardware
 
So he argues that the impugned training is imparted using computer cannot be covered by the said exemption. In this connection the applicants will not be eligible for this exemption. He argues that the training is actually a computer training.
 
Reasoning of judgment :- There can be a doubt as to whether training provided in writing codes using languages like UNIX or for using a Relational Database Management System like Oracle or a Front End Tool like Java are on the same footing as a training in creating animation using a software in computer. There are similar training like CAD (Computer Aided Design) or CAM (Computer Aided Manufacture) which types of trainings also provided by Computer Training Institutes using computer and necessary software. Though the difference between the two type is very thin there is some difference in the level of knowledge of the internal structure of software that is imparted. The training provided by the applicant appears to be of the latter type where not much knowledge about the contents of software is imparted but the skill to use software is imparted. But prima facie the latter type of training also is known as “computer training” to common man. The matter needs detailed examination in final hearing.
 
In view of the above facts and discussions, we direct the applicant to pre-deposit a sum of Rs.35,00,000/- (Rupees thirty five lakhs only) within a period of six weeks and report compliance on 10.7.2013. Upon such deposit, pre-deposit of the balance dues arising from the impugned order stand waived and its collection stayed during the pendency of the appeal.
 
Decision :-Pre-deposit ordered.

Comment:-The substance of this case is that training as regards visual effects and animation is also a sort of “computer training” in layman language and cannot be held to be liable for benefit of the exemption given to the vocational training at the outset.

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