I am quoting VS Datey book. Page no 216 para 12.5
Merwara Estate vs CCE (2007) (CESTAT)
Customers made booking for hotel rooms and garden for which separate bills were raised. Assessee paid service tax on booking of garden as mandap keeper.
Department demanded service tax on hotel rooms also.
It was held that 'mandap’ is not for the residential purpose while hotel room is for residence, and no public activity takes place in hotel room.
Hence, service tax is not payable on hotel room charges.
Now RTP answer
In RTP they have taxed hotel room saying it is as per department’s FAQ. FAQ only clarifies the law. But it is certainly not the law. Case decided by CESTAT is certainly a law.
My VIEW.
Hotel room would have been taxable had they had charge for a package (Mandap + Room) which is not so in the given problem. In the present problem charge for hotel room is given separately therefore not taxable.
I stand by my answer it is correct.