2013 (10) TMI 989 - AT - Central Excise

Input Service Waiver of pre-deposit - The applicant being manufacturer of motor vehicles availed credit of the service tax paid by the dealers on the ground that the same is input service for the manufacture of motor vehicles Held that - As per Annexure II Schedule I of the agreement the obligation on the dealer is to establish and maintain at its cost the adequate and satisfactory sales and service facilities as recommended by the company from time to time, with proper personnel and equipment for sales and servicing, at its cost - The terms and conditions of the dealer agreement entered into between the applicant and the dealer shows that the sale and service is at the cost of the dealer - the taxable service provided by the dealer after the sale of the motor vehicles manufactured by the applicant prima facie the same cannot be considered as input service for the manufacture of motor vehicles - the applicants failed to make out a case for total waiver of pre-deposit - applicants are directed to deposit an amount equal to 50% of the duty upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues: Application for waiver of pre-deposit of duty, interest, and penalty based on the denial of credit of service tax paid by dealers for manufacturing motor vehicles.

Analysis:
The applicant sought a waiver of pre-deposit of duty, interest, and penalty amounting to Rs.24,85,647/-, which was demanded after denying credit for service tax paid by dealers. The case involved the manufacturing of motor vehicles by the applicants, sold to dealers who provided services during the warranty period, for which they were liable to pay service tax. The applicants claimed credit for the service tax paid by dealers, arguing it was an input service for vehicle manufacturing. They relied on a previous Tribunal decision in their favor. However, the Revenue contended that the service provided by dealers post-sale was not an input service, as per the agreement terms between the applicants and dealers, which required the dealers to maintain service facilities at their own cost. The Revenue argued that the service provided was after the clearance of vehicles from the factory, and hence not directly related to manufacturing.

The Tribunal examined the dealer agreement and found that the dealers were obligated to establish and maintain sales and service facilities at their cost, as per the agreement terms. The Tribunal concluded that the service provided by dealers post-sale could not be considered an input service for vehicle manufacturing. Consequently, the Tribunal directed the applicants to deposit 50% of the confirmed duty amount within eight weeks, with a waiver on the remaining amount if deposited timely. The recovery of the remaining amount was stayed during the appeal's pendency, with compliance required by a specified date.

In summary, the Tribunal denied the total waiver of pre-deposit, considering the nature of services provided by dealers post-sale as not qualifying as input services for vehicle manufacturing, based on the terms of the dealer agreement. The decision was based on a detailed analysis of the agreement terms and the obligations of the dealers, leading to the directive for partial deposit of the confirmed duty amount within a specified timeframe.