2011 (9) TMI 407 - AT - Service Tax

Service tax on free after-sales service provided by the vehicle dealer or not - Following the ratio of the order in CST Chennai Vs Concorde Motors (India) Ltd. (2010 -TMI - 207698 - CESTAT Chennai) holding that service tax is not leviable on free after-sales service provided by the vehicle dealer - Decided in favour of assessee.

Summary

Issues:
1. Waiver of predeposit of interest and penalty.
2. Dismissal of appeals by Commissioner (Appeals) on the ground of time-bar.
3. Condonation of delay by High Court.
4. Merits of the case based on previous decisions.
5. Issue of service tax on free after-sales service.

Waiver of Predeposit of Interest and Penalty:
The judge waived the predeposit of interest and penalty as the assessees had already deposited the tax amounts for the relevant periods. The appeals were taken up for final disposal with the consent of both sides due to the narrow compass of the issue.

Dismissal of Appeals on Time-Bar Grounds:
The Commissioner (Appeals) dismissed the appeals filed by the assessees against duty demands, interest, and penalties as time-barred. This decision was based on the delay in filing the appeals beyond the condonable period. However, the High Court later condoned the delay, directing the Commissioner (Appeals) to consider the appeals on merits.

Condonation of Delay by High Court:
The High Court, after considering the reasons for the delay in filing the appeals, directed the Commissioner (Appeals) to accept the appeals and dispose of them on merits. The High Court's order required the assessees to deposit the entire demanded amount within a specified period for the appeals to be considered.

Merits of the Case Based on Previous Decisions:
The judge noted that the Commissioner (Appeals) had already held in previous orders that the assessees' case should be allowed on merits. Therefore, there was no need for a remand, and the appeals could be decided before the Tribunal. Following the precedent set in previous decisions, the judge set aside the impugned order and allowed the appeals.

Issue of Service Tax on Free After-Sales Service:
The central issue in dispute was whether service tax was leviable on free after-sales services provided by the vehicle dealer. Citing previous judgments, including the one in CST, Chennai Vs Concorde Motors (India) Ltd., the judge ruled that service tax was not applicable on such services. This decision was crucial in allowing the appeals filed by the assessees.

This comprehensive analysis of the judgment covers the key issues addressed by the Appellate Tribunal CESTAT, CHENNAI, providing a detailed overview of the legal proceedings and decisions made in the case.