2025 (6) TMI 1814 - AT - Service Tax

Levy of service tax - Club or Association service - contribution by non-members - doctrine of mutuality - Business Exhibition service and Renting of Immovable Property service. Club or Association service - HELD THAT - As far as issue of service tax on Club or Association service is concerned the matter is already in favour of the appellants and therefore no demand can sustain on this service. Business Exhibition service and Renting of Immovable Property service - HELD THAT - The factual matrix is not clear from the SCN or OIO. Further it is also not clear as to whether they will be falling within the SSI exemption during the extant periods of demand and hence even if service tax is leviable they may not be required to pay service tax subject to eligibility of notification governing small scale service provider. Therefore the matter is remanded back to determine the taxability in relation to these two services i.e. Business Exhibition service and Renting of Immovable Property service and in case it is found to be taxable based on the documentary evidence to be produced by the appellant and therefore extend the SSI exemption if any if they are meeting hte conditions. Thereafter if still some demand is left the same would be recoverable from the appellant. Appeal allowed in part.

Summary

The core legal questions considered by the Tribunal in this appeal relate to the applicability of service tax on three distinct services provided by a Member's Club: (a) Club or Association Service; (b) Business Exhibition Service; and (c) Renting of Immovable Property Service. Specifically, the Tribunal examined whether service tax liability arises on contributions from members and non-members under Club or Association service, the classification and taxability of space provided for business exhibitions, and the tax implications of renting out club premises for commercial purposes and guest accommodation.

Regarding the Club or Association Service, the primary issue was whether contributions received from members or non-members attract service tax. The legal framework includes the doctrine of mutuality and relevant judicial precedents, notably the Supreme Court's decision in State of West Bengal Vs Calcutta Club Ltd, which held that contributions from members are not taxable under service tax laws. This principle was further supported by a High Court ruling in the appellant's own case, which exempted member contributions from service tax. The Tribunal noted the respondent's concession that the doctrine of mutuality applies equally to contributions from members and non-members for the relevant period, prior to the 2011 amendment which extended taxability to non-members. Since the amendment was prospective and not retrospective, the demand for service tax on contributions from non-members before 01.05.2011 was also unsustainable. Consequently, the Tribunal set aside the demand under Club or Association Service for both categories of contributors.

On the issue of Business Exhibition Service, the appellant contended that they merely allowed space for displaying cars and were not engaged in the business of conducting exhibitions, thus falling outside the ambit of the defined service. The legal framework requires that the provider must be in the business of organizing or conducting exhibitions to attract service tax under this category. The respondent acknowledged the absence of a specific contract clarifying the nature of the service and conceded uncertainty whether the activity constituted Business Exhibition Service or was merely renting of space, which could be classified differently. The Tribunal found the factual matrix insufficiently clear on whether the appellant's activities amounted to taxable Business Exhibition Service and whether the appellant qualified for Small Scale Service Provider (SSI) exemption during the relevant period. Accordingly, the Tribunal remanded the matter for fresh adjudication to determine taxability based on documentary evidence and to apply any applicable SSI exemption.

The Renting of Immovable Property Service issue involved two distinct factual scenarios: renting guest rooms to members and non-members, and renting premises to commercial establishments such as "Pinks N Bloos." The appellant accepted the former but disputed the latter's taxability. The respondent relied on a recent Tribunal precedent which held that service tax is payable on renting premises for commercial activities by clubs. The Tribunal observed that the record did not clearly distinguish between these two types of rentals or clarify the applicability of SSI exemption. Consequently, the Tribunal directed remand for detailed examination of documentary evidence to ascertain the taxability of each rental activity and the applicability of exemptions, if any.

The Tribunal's reasoning emphasized adherence to established legal principles such as the doctrine of mutuality and respect for judicial precedents, while also acknowledging factual ambiguities and procedural fairness by remanding unclear issues for further adjudication. The Tribunal rejected the demand for Club or Association Service tax liability outright based on settled law and legislative intent, but adopted a cautious and fact-sensitive approach for the other two services, requiring detailed factual inquiry and proper application of exemptions before confirming any demand.

In conclusion, the Tribunal held that no service tax demand could be sustained on Club or Association Service for the period and facts in question. However, the taxability of Business Exhibition Service and Renting of Immovable Property Service was remanded for further determination, including consideration of SSI exemption eligibility. The appeal was allowed partly, setting aside the demand on Club or Association Service and remanding the remaining issues.

Significant holdings include the following verbatim legal reasoning: "As far as issue of service tax on Club or Association service is concerned, the matter is already in favour of the appellants and therefore, no demand can sustain on this service." The Tribunal also clarified that the 2011 amendment extending taxability to non-members "has no retrospective applicability," thereby protecting the appellant from demands for periods prior to that date. Furthermore, the Tribunal recognized the necessity of clear factual records and contractual evidence to determine the nature of services rendered under Business Exhibition and Renting of Immovable Property Services and emphasized the importance of applying SSI exemption notifications where applicable.

Core principles established include the non-taxability of member and pre-amendment non-member contributions under Club or Association Service by virtue of the doctrine of mutuality and judicial precedent; the requirement of clear contractual and factual basis to classify services under Business Exhibition Service; and the taxability of renting premises for commercial activities subject to factual verification and exemption eligibility. The Tribunal's final determinations preserved the appellant's rights by setting aside unsustainable demands and ensuring that any future tax liability is founded on clear evidence and correct legal application.