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2011 (10) TMI 209 - AT - Service TaxLevy of Service Tax on free after sale service - In view of of M/s.ASL Motors Pvt. Ltd. Vs. CCE,(2007 - TMI - 3419 - CESTAT, KOLKATA) - free after sale services are provided to boost the sale of the vehicles and the amounts are not being reimbursed by the manufacturers. Amount of free service formed part of dealer s margin and no extra amount is being paid to the dealer by the manufacturer of the vehicles. Thus Service Tax cannot be charged on free after sale services.
Issues involved:
Dispute regarding liability to pay service tax on free after sale services provided by authorized service station. Analysis: The judgment pertains to a dispute over whether authorized service stations providing free after sale services are liable to pay service tax. The Commissioner (Appeals) ruled in favor of the respondents, stating that the provision of free services is intended to promote car sales and is not reimbursed by manufacturers. The Commissioner emphasized that the primary intent of selling cars is not to provide free services, and the amount representing the dealer's margin has already been taxed as sales tax. The judgment cited precedents like M/s.ASL Motors Pvt. Ltd. Vs. CCE, Patna and Bharat Sanchar Nigam Ltd. Vs. UOI to support the decision. The Revenue, aggrieved by this order, filed an appeal. The Appellate Tribunal noted that the issue has been settled by previous decisions. In cases like M/s.ASL Motors Pvt. Ltd. Vs. CCE, Patna and Kiran Motors Ltd. vs. CCE, Vadodara, it was held that free after sale services are provided to enhance vehicle sales, and the amounts are not reimbursed by manufacturers. The Tribunal observed that the provision of free services is incidental to promoting car sales and cannot be subjected to service tax. It was also highlighted that buyers are entitled to free after sale services, and there is no provision for refunds if such services are not availed. The Tribunal concluded that the services provided by dealers, even if reimbursed, are not liable for service tax. Therefore, the Tribunal upheld the Commissioner (Appeals) decision, rejecting the Revenue's appeal. In conclusion, the judgment clarifies that authorized service stations providing free after sale services as part of promoting car sales are not liable to pay service tax. The decision is supported by previous rulings and emphasizes that the primary intent of selling cars is not to provide free services. The Tribunal's decision upholds the Commissioner (Appeals) ruling, settling the dispute in favor of the respondents.
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