Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/CASE STUDY/2012-13/17
04 August 2012

Commercial Training and Coaching Service

CASE STUDY

 

Introduction:
 
Commercial Training and Coaching Service- the study material formed part and parcel of the coaching services and cannot be segregated. Therefore amount realized from the sale of study material was only reimbursement of expenditure for composite service, which includes study material. So Assessee was not entitled to benefit of Notification No. 12/2003-S.T. for goods and materials sold by them to recipient of service
Career launcher India Ltd versus Commissioner of Service Tax, Delhi [2012 (26) S.T.R. 55 (Tri – Del.)
 
Relevant Legal Provisions:
 
Notification No. 12/2003-Service Tax  Dated  20.06.2003
In exercise of the powers conferred by section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts so much of the value of all the taxable services, as is equal to the value of goods and materials sold by the service provider to the recipient of service, from the service tax leviable thereon under section (66) of the said Act, subject to condition that there is documentary proof specifically indicating the value of the said goods and materials.
2. This notification shall come into force on the 1st day of July, 2003."
 
 
Brief Facts:  
 
Þ      The Appellants are providing commercial training and coaching service and are registered with Service Tax Department. They carry out part of their operations through third parties under a franchise agreement. All the revenue is collected by the franchises and the same is deposited in Bank account of the appellants. During the course of Audit in December, 2005, it was found that M/s. CLIL have shown income as sale of study material but did not pay service tax on it. As per para 2.9.1 of Board's Circular No. 59/8/2003, dated 20-6-2003 exemption on cost of material sold will apply only to the sale value of standard text book, which are priced and any study material or written text will not qualify for exemption under Notification No. 12/2003-S.T. and their value will be subjected to service tax. On perusal of sample copies of study material obtained from the assessee, it was found that no printed price was shown on the material. On being asked, taxpayer stated that they affixed a sticker of price at time of sale. Thereafter, two show-cause notices were issued to the appellants vide DL-11/ST/R-16/1AR/CL/128/07/12487, dated 5-9-2008 for the period 1-7-2003 to 31-3-2008 and DL-11/ST/R-16/1AR/CL/128/07/1194 dated 6-2-2009 for the period 1-4- 2008 to 30-9-2008 respectively. These show-cause notices were contested by the appellants. Commissioner of Service Tax passed the impugned order in both show-cause notices which is under appeal before Tribunal.
 
Þ      In the Impugned order of Commissioner has confirmed the demand of Service Tax amounting to Rs. 7, 10, 06,706/- along with interest payable under Section 75 of the Finance Act, 1994. Penalty of Rs. 1000 under Section 77 and Rs. 7,10,06,706/- was also imposed on the appellant under Section 78 of the Finance Act, 1994.
 
 
Appellant’s Contention:
 
Þ      Appellants claim that they are entitled for exemption provided under Notification No. 12/2003-S.T., dated 20-3-2003 as they satisfy all the conditions provided therein. They submit that value of books sold by them was separately shown in the invoices issued to students. Appellants further state that activity of sale of goods is subject of State levy and leviable to VAT and under VAT provisions of various States, books are exempted. They also submit that demand is hit by limitation as no extended period can be invoked as there is not suppression of facts.
Þ      The Appellants seeks support from Tribunal's Stay Order in Chate Coaching Classes Pvt. Ltd. v. Commissioner of Central Excise, Aurangabad- 2008(9) S.T.R. 207 (Tri. Mum) in support of their application as this order is on the same issue. Learned counsel for Appellant also submitted various case laws mentioned as under :-
(i)          Associated Cement Companies Ltd. v. C.C. - 2001 (128) E.L.T. 21 (S.C.).
(ii)         CIT v. Elecon Engineering - 1974 (96) ITR 672 (Guj.),
(iii)        Scientific Engineering House Pvt. Ltd. v. CIT - AIR 1986 SC 338.
(iv)         CC (Gen), New Delhi v. Gujarat Perstorp Electronics - 2005 (186) E.L.T. 532 (S.C.).
           
           They further submit after taking into consideration all the above decision that text and material supplied by them to their student will fall into the category of “goods” and will be subject to Vat and not Service Tax.
 
Respondent Contention
 
 
Þ      Respondent submits that study materials on which exemption under Notification No. 12/2003 dated 20-6-2003 is being claimed by appellants have no price tag and are integral part of services rendered and study materials are not the text books. These materials are integrated to performance of service of coaching. He submits that question of applicability of exemption under Notification No. 12/2003 has been examined by CESTAT in Final Order No. ST/26-28/11, dated 25-1-2011 in appeal of M/s. Sayaji Hotel Ltd. [2011 (24) S.T.R. 177 (Tribunal)], wherein it was held that such contracts are service contracts and no sale is involved in such transaction, therefore, segregation of value made in the invoice as taxable and nontaxable is just a play to evade service tax due on rendering of service. He, further, states that adjudicating authority has noted that even the price was not printed, no sale was intended by the appellants. He also relies on Stay Order passed in case of Cerebral Learning Solutions Pvt. Ltd. v. C.C.E., Indore - 2009 (15) S.T.R. 343 (Tri.-Del.), in which pre-deposit was ordered by the Principal Bench, Delhi.
Þ      Learned DR refers to Misc. Order No. ST/30/10 dated 5-4-2010 and states that a question raised during the arguments was whether books claimed to be sold by the applicant can be termed as Textbooks. He submits that expert opinion from Department of Higher Education, Government of India and NCERT, New Delhi supports the view that books are not textbooks. Learned Counsel for applicants raises the objection on the expert opinion and states that in para 31 of the Order-in-Original, Commissioner has held whether textbooks are standard textbooks or not is not the issue involved in the case.
 
 
 
Issue Involved:
 
The issue involved in this case was that-
 
Whether the assessee was entitled to benefit of Notification No. 12/2003-ST for books and material sold by them to the students?
Whether the study material formed part and parcel of the coaching services and cannot be segregated?
 
Order of the Tribunal: -
Þ      The Tribunal find considerable force in the findings of the commissioner that the amount realized from so called sale of their study material is nothing but reimbursement of expenditure for recipient of service and it can be termed as composite service, which in itself includes study material also.
Þ      Tribunal find that ratio of CESTAT's decision in Sayaji Hotel v. Commissioner of Central Excise (supra) is applicable to the instant case as said decision is in respect of Exemption Notification No. 12/2003. Appellants claim support from Chute Coaching Classes v. Commissioner of Central Excise (supra), but we find that in 2009 this Bench has taken a different view while passing Stay Order in Cerebral Learning Solutions Pvt. Ltd. (supra).
Þ       The Tribunal find that the appellants have not been able to prove prima facie case. Appellants have also not claimed the plea of financial hardship. Tribunal, therefore, order pre-deposit of 30% of Service Tax amount demanded in impugned order within a period of six weeks from today. On deposit of this amount ,there shall be stay of recovery in respect of balance amount of the Service Tax, interest and penalties during the pendency of appeal


Decision:
The Application rejected.
Conclusion:
 
On the books price have to be mentioned and it should not be integral part of the service. Merely value of the book separately mentioned in the invoice does not amount to eligible for notification no.12/2003
 
***********
 
 
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