A price was collected from the members by the use of donation.
New Delhi:
In a setback to the Patanjali Yogpeeth Trust, the Supreme Court on Friday upheld an appellate tribunal’s ruling that the organisation is liable to pay service tax for charging an entry price for organising Yoga camps, each residential and non-residential.
A bench of Justices Abhay S Oka and Ujjal Bhuyan refused to intrude with the October 5, 2023 resolution of the Allahabad bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
The bench, whereas dismissing the Trust’s enchantment stated, “The tribunal has rightly held that Yoga in camps for a fee is a service. We do not find any reason to interfere with the impugned order. The appeal is dismissed.” In its order, the CESTAT had held that Yoga camps organised by Patanjali Yogpeeth Trust, which expenses charges for participation, come below the class of “health and fitness service” and appeal to service tax.
It had famous that the Trust, working below Yoga guru Ramdev and his aide Acharya Balkrishna, was engaged in offering Yoga coaching at numerous residential and non-residential camps.
The tribunal had stated a price was collected from the members by the use of donation.
“Though this amount was collected as a donation, it was fees for providing the said services and hence covered under the definition of consideration,” it had famous, including that the Commissioner of Customs and Central Excise, Meerut vary has raised the service tax demand of roughly Rs 4.5 crore for October, 2006 to March, 2011, with penalty and curiosity.
In its reply, the Trust had contended it was offering companies that are for curing illnesses. They usually are not taxable below “health and fitness service”, it had stated.
The appellate tribunal in its order stated, “In our view the appellant (Patanjali Trust) was engaged in providing the services that were classifiable under the taxable category of services provided by health club and fitness centre, as defined under Section 65 (52) of the Finance Act, to any person.
“The declare of the appellant that they’re offering therapy for particular illnesses being suffered by the individual isn’t supported by any constructive proof. Instructions on ‘Yoga’ and ‘Meditation’ in these camps usually are not imparted to a person however to your entire gathering collectively. No prescriptions are made for any particular person in writing, diagnosing and treating the particular ailment/grievance of any particular person,” it had said.
The appellate tribunal said the Trust collected the entry fee disguising it as donation.
“They issued entry tickets of assorted denominations. The holder of the ticket was granted totally different privileges relying on the denomination of the ticket. In return the appellant offered the individual entry to the camp the place Swami Baba Ramdev would give directions in respect of Yoga and Meditation,” it had stated.