2025 (6) TMI 596 - AT - Service Tax

Levy of service tax - inclusion of the amount of notional interest on the security deposits collected by the appellant - HELD THAT - The Tribunal decided the issue raised in the batch of 5 appeals as to whether the Department could have charged service tax on the notional interest towards security deposit taken by the appellant against the renting of safe deposits and private lockers. Referring to the provisions of Section 67 of the Finance Act 1994 and the decision of the Tribunal in Murli Realtors Pvt. Ltd. Vs. Commissioner of Central Excise Pune-III 2014 (9) TMI 461 - CESTAT MUMBAI held that since the consideration for leasing of the property is rent so what can be levied to service tax is only rent and notional interest on the security deposit cannot be subjected to levy of service tax. The appeal before the Tribunal in the aforesaid case related to the period April 2006 to March 2012 where the appeal filed by the appellant was also considered. The present appeal is related to the subsequent period from 2012-13 to 2015 16 and hence what has been decided is squarely applicable in the present appeal. Hence no service tax could be levied on the notional interest calculated by the Department and the interest free security deposit collected by the appellant. Conclusion - No service tax could be levied on the notional interest on interest-free security deposits collected by the appellant in relation to renting safe deposit lockers. The impugned order therefore deserves to be set aside and is hereby quashed - appeal allowed.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Tribunal were:

• Whether service tax can be levied on the notional interest calculated on interest-free security deposits collected by the appellant in relation to renting of safe deposit lockers, which are services covered under banking and financial services.
• Whether the amount of security deposit, being interest-free and refundable, constitutes consideration for the taxable service of renting lockers and thus attracts service tax.
• Whether the principles laid down under Section 67 of the Finance Act, 1994 and relevant precedents permit inclusion of notional interest on security deposits in the taxable value of services.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Levy of service tax on notional interest on security deposits collected for renting lockers

Relevant legal framework and precedents: The Tribunal examined Section 67 of the Finance Act, 1994, which governs valuation of taxable services and stipulates that only the consideration received in money for the service rendered is leviable to service tax. The Tribunal also relied on the precedent set in Murli Realtors Pvt. Ltd. vs. Commissioner of Central Excise, Pune-III (2015), where it was held that only the rent amount constitutes consideration for leasing of immovable property, and notional interest on security deposits cannot be subjected to service tax.

Court's interpretation and reasoning: The Tribunal interpreted Section 67 to mean that the taxable value of the renting service is the actual rent charged and received, not any notional or imputed interest on security deposits. The security deposit is held for a different purpose - to secure performance or cover damages - and is not consideration for the service of renting. The Tribunal emphasized that there is no provision in the Finance Act or service tax law that deems notional interest on security deposits as consideration for the service.

Key evidence and findings: The appellant collected interest-free security deposits from customers, refundable upon surrender of lockers. The Department calculated notional interest on these deposits and included it in the taxable value, demanding service tax accordingly. The appellant challenged this on the ground that such notional interest is not consideration for the renting service.

Application of law to facts: Applying the principle from Murli Realtors, the Tribunal found that since the security deposit is not consideration for renting but a separate security, the Department's inclusion of notional interest in the taxable value was unwarranted. The Tribunal also noted that the earlier decision covered the period up to March 2012, whereas the present appeal related to the subsequent period 2012-13 to 2015-16, making the precedent squarely applicable.

Treatment of competing arguments: The Department argued for inclusion of notional interest as taxable consideration, but the Tribunal rejected this, relying on the absence of any legal provision for such inclusion and the binding precedent. The Department's acceptance that the present appeal was covered by the earlier Tribunal decision further weakened their position.

Conclusions: The Tribunal concluded that no service tax could be levied on the notional interest on interest-free security deposits collected by the appellant in relation to renting safe deposit lockers.

3. SIGNIFICANT HOLDINGS

The Tribunal held, preserving the crucial legal reasoning verbatim from the precedent:

"Section 67 of the Act, reproduced in para 4.1 above, clearly provides that only the consideration received in money for the service rendered is leviable to Service Tax. The consideration for renting of the immovable property is the amount agreed upon between the parties and on this amount the appellant is discharging Service Tax liability. The security deposit is taken for a different purpose altogether. It is to provide for a security in case of default in rent by the lessee or default in payment of utility charges or for damages, if any, caused to the leased property. Thus, the security deposit serves a different purpose altogether and it is not a consideration for leasing of the property. The consideration of the leasing of the property is the rent and, therefore, what can be levied to Service Tax is only the rent charged and no notional interest on the security deposit taken can be levied to tax. There is no provision in Service Tax law for deeming notional interest on security deposit taken as a consideration for leasing of the immovable property. Therefore, in the absence of a specific provision in law, as held by the Hon'ble Apex in the case of Moriroku UT India (P) Ltd. (supra), there is no scope for adding any notional interest to the value of taxable service rendered. Even in the excise law, under Rule 6 of the Valuation Rules, unless the department shows that the deposit taken has influenced the sale price, notional interest cannot be automatically included in the sale price for the purpose of levy. In the absence of a provision in law providing for a notional addition to the value/price charged, the question of adding notional interest on the security deposit as a consideration received for the services rendered cannot be sustained and we hold accordingly."

The core principle established is that only actual monetary consideration for the service rendered is taxable under service tax law, and security deposits, being refundable and not consideration for the service, cannot be subjected to tax on notional interest.

Final determination on the issue was that the impugned order confirming demand of service tax on notional interest on security deposits was set aside and quashed, and the appeal was allowed accordingly.