2009 (12) TMI 151 - AT - Service Tax

Commercial training and coaching services- The assessee was engaged in conducting masters programme in international business with academic and faculty support from Indian Institute for Foreign Trade New Delhi. The revenue concluded that the assessee had been providing taxable services under the category of Commercial Training or Coaching service to various students and collecting fee from them but it neither registered itself with the department nor did it pay service tax. A show cause notice was issued for demanding of service tax with interest and penalty. The Commissioner (Appeals) set aside the demand on the findings that the assessee was imparting specialized education and was not a commercial concern and did not have any profit motive. In the light of the decision of Great Lakes Institute of Management Ltd. v. CST 2008 -TMI - 3914 - CESTAT, CHENNAI held that- Commissioner (Appeals) s order is correct and legal and does not suffer from any infirmity. The appeal filed by the Revenue is rejected.

Summary

Issues Involved:
1. Classification of services provided by the appellant as "Commercial Coaching or Training Service."
2. The applicability of service tax on the appellant's activities.
3. Interpretation of "Commercial Training or Coaching Centre" under the Finance Act, 1994.
4. The appellant's status as a non-profit organization and its implications on service tax liability.
5. The applicability of the extended period for demand due to alleged suppression of facts.
6. Imposition of penalties and interest on the appellant.

Detailed Analysis:

1. Classification of Services Provided by the Appellant:
The appellant is engaged in conducting a two-year Masters Programme in International Business (MPIB) with support from the Indian Institute of Foreign Trade (IIFT). The Department classified these services under "Commercial Coaching or Training Service" as per section 65(105)(zzc) of the Finance Act, 1994, and alleged that the appellant neither registered with the Central Excise Department nor paid the required service tax.

2. Applicability of Service Tax:
The Department issued a show-cause notice demanding service tax, interest, and penalties, which was confirmed by the Additional Commissioner. However, the Commissioner (Appeals) set aside this order, concluding that the appellant's activities did not merit service tax imposition. The Revenue appealed against this decision, arguing that the appellant's services fall under the taxable category due to the collection of fees and the commercial nature of the operations.

3. Interpretation of "Commercial Training or Coaching Centre":
The Revenue contended that the appellant's activities fit the definition of "Commercial Training or Coaching Centre" under section 65(27) of the Finance Act, 1994, which includes any institution providing training or coaching for a consideration. They argued that the term "commercial" should be interpreted based on the nature of services provided and not the profit motive of the institution.

4. Appellant's Status as a Non-Profit Organization:
The appellant argued that it is a non-profit educational institute, and its activities are akin to those of universities and other educational institutions. The Commissioner (Appeals) agreed, noting that the appellant's activities were educational and not commercial. The Tribunal supported this view, citing previous decisions (e.g., Great Lakes Institute of Management Ltd. v. CST) where similar institutions were recognized as charitable organizations under the Income-tax Act, 1961, and their activities were deemed non-commercial.

5. Applicability of Extended Period for Demand:
The Revenue argued that the extended period for demand was applicable as the appellant had suppressed facts with the intention to evade service tax. However, the Commissioner (Appeals) found merit in the appellant's contention that the demand was time-barred, as the appellant had not registered for service tax and the Department initiated the investigation independently.

6. Imposition of Penalties and Interest:
The Revenue maintained that penalties and interest imposed by the Additional Commissioner were justified due to the appellant's liability to pay service tax. However, the Tribunal, following the decisions in similar cases, concluded that the appellant's activities were not commercial and thus not liable for service tax, penalties, or interest.

Conclusion:
The Tribunal held that the appellant's activities did not constitute "Commercial Coaching or Training Services" and were not liable for service tax. The order of the Commissioner (Appeals) was upheld, and the Revenue's appeal was rejected. The Tribunal's decision was based on the interpretation of the appellant's activities as educational rather than commercial, aligning with previous judgments on similar issues.