2025 (4) TMI 766 - AT - Service Tax

Failure to discharge appropriate Service Tax on Banking and Financial Services - whether the appellants are required to discharge service tax on different services rendered by them to their Members? - HELD THAT - It is not in dispute that the appellant is registered under Karnataka Cooperative Society Act 1959 and the Membership is restricted to the persons staying within the territorial limit of Dakshina Karnataka including villages of the district and all the taluks of the Udupi district. Also it is not in dispute that appellant being a cooperative society registered under the Karnataka Cooperative Society Act 1959. In the impugned orders the lower authorities considering the appellant being a commercial concern ignoring the principles of mutuality of interest held that the services rendered by the appellant to its Members are taxable under the category of Banking and other Financial Service . From the records and the bye-laws placed by the appellant it is found that various services of advances loan etc. provided by the appellant to its Members exclusively and the services are limited to Members only. In these circumstances being a registered cooperative society the principle laid down by the Hon ble Supreme Court in the case of State of West Bengal vs. Calcutta Club Ltd. s case 2019 (10) TMI 160 - SUPREME COURT is squarely applicable. Conclusion - The incorporated cooperative societies operating on mutuality principles are not liable for service tax on services provided to their members. Appeal allowed.

1. ISSUES PRESENTED and CONSIDERED

The primary issue in this case was whether the appellants, a Credit Cooperative Society registered under the Karnataka Cooperative Society Act, 1959, were liable to pay service tax on services rendered exclusively to their members under the category of Banking and Other Financial Services as defined under Section 65(12) of the Finance Act, 1994. The core legal question revolved around the applicability of the principle of mutuality and whether the services provided by the cooperative society to its members could be classified as taxable services under the Finance Act, 1994.

2. ISSUE-WISE DETAILED ANALYSIS

- Relevant legal framework and precedents:

The legal framework primarily involved the interpretation of Section 65(12) of the Finance Act, 1994, which defines Banking and Other Financial Services, and the principle of mutuality as discussed in the case of State of West Bengal vs. Calcutta Club Ltd. The appellants argued that their operations were based on mutuality principles, similar to clubs, and thus should not be subject to service tax.

- Court's interpretation and reasoning:

The Tribunal examined the nature of the cooperative society's operations, emphasizing that the services were rendered exclusively to members and were not commercial in nature. The Tribunal referred to the Supreme Court's interpretation in the Calcutta Club case, which clarified that incorporated entities, such as cooperative societies, operating on mutuality principles, were not liable for service tax on services provided to their members.

- Key evidence and findings:

The Tribunal considered the bylaws of the cooperative society, which restricted membership and operations to specific geographical areas and emphasized service provision solely to members. The Tribunal found that the society's activities were consistent with mutuality principles, where the society and its members were not distinct entities for tax purposes.

- Application of law to facts:

The Tribunal applied the principle of mutuality, as elucidated in the Calcutta Club case, to the facts of the case. It determined that the cooperative society, being an incorporated entity, was not distinct from its members for the purposes of service tax. Therefore, the services provided by the society to its members did not constitute taxable services under the Finance Act, 1994.

- Treatment of competing arguments:

The Tribunal addressed the Revenue's argument that the cooperative society operated with a profit motive and was thus similar to a commercial entity. However, the Tribunal found that the society's operations were inherently mutual and not aimed at profit generation. The Tribunal rejected the Revenue's reliance on other case laws that did not adequately address the principle of mutuality in the context of incorporated cooperative societies.

- Conclusions:

The Tribunal concluded that the cooperative society was not liable for service tax on services provided to its members, as the principle of mutuality applied. The impugned orders demanding service tax, interest, and penalties were set aside.

3. SIGNIFICANT HOLDINGS

The Tribunal upheld the principle that incorporated cooperative societies operating on mutuality principles are not liable for service tax on services provided to their members. The Tribunal relied heavily on the Supreme Court's judgment in the Calcutta Club case, which established that incorporated entities operating on mutuality principles are not distinct from their members for tax purposes.

Verbatim quotes from the judgment include:

"It is, thus, clear that companies and cooperative societies which are registered under the respective Acts, can certainly be said to be constituted under those Acts. This being the case, we accept the argument on behalf of the respondents that incorporated clubs or associations or prior to 1st July, 2012 were not included in the Service Tax net."

"We are therefore of the view that the Jharkhand High Court and the Gujarat High Court are correct in their view of the law in following Young Men's Indian Association (supra). We are also of the view that from 2005 onwards, the Finance Act of 1994 does not purport to levy Service Tax on members' clubs in the incorporated form."

The Tribunal's final determination was to set aside the impugned orders and allow the appeals, providing relief to the cooperative society from the service tax demands.

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