2011 (7) TMI 152 - AT - Service Tax

Demand - Motor Vehicle Services and Business Auxiliary Services - they were only engaged in selling of cars and incentive/ discount is received by whatever name it is called, cannot be taxed under Business Auxiliary Service - Since the learned advocate for the appellant is seeking remand to submit documentary evidence before the learned Commissioner (Appeal) in respect of the arguments, I find it appropriate that the matter be remanded at this stage itself - Appeal is allowed by way of remand

Summary

Issues:
1. Appellant providing taxable services under Servicing of Motor Vehicle Services and Business Auxiliary Services.
2. Demand for service tax on received incentives.
3. Appeal filed late and condonation of delay.
4. Stay petition and remand for submission of documentary evidence.

Analysis:
1. The Appellant was engaged in providing taxable services falling under the categories of Servicing of Motor Vehicle Services and Business Auxiliary Services. Proceedings were initiated due to the receipt of incentives for promoting a motor vehicle financier, leading to a demand for service tax amounting to Rs. 1,34,980/- along with interest and penalty.

2. The appeal was filed five days late, attributed to the Director's involvement in an enquiry by the Large Tax Payer unit in Chennai related to their insurance business. The delay was deemed acceptable, and thus, condoned by the Tribunal.

3. Regarding the stay petition, the Appellant had already deposited Rs. 1,43,443/- and sought a remand of the matter to submit documentary evidence. The Commissioner (Appeal) had not granted the benefit due to lack of substantiating documentary evidence. Both parties agreed to remand the matter for further consideration based on the documentary evidence.

4. The Tribunal considered arguments that incentives received for selling cars should not be taxed under Business Auxiliary Services, emphasizing the need for a relationship between principal and client. Citing a previous case, the Tribunal decided to set aside the impugned order and remand the matter to the Commissioner (Appeal) for a fresh decision after considering the documentary evidence to be submitted by the Appellant.