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2013 (12) TMI 1022 - AT - Service TaxDemand of re-shelling of old sugar mill rollers - Calculation of service - Commissioner (Appeals) held that the value of material used in providing service is not to be taken into consideration while arriving at the assessable value of taxable service - Held that - there is no maintenance contract or agreement. Therefore, there is no merit in the appeal filed by the Revenue, in view of this Board Circular dated 27.07.2005, wherein it has been clarified in para 16.4, that prior to 16.06.2005 maintenance or repair carried out under an agreement or contract was covered under the service tax. Repair or service carried out under a contract other than a maintenance contract was not covered within the purview of service tax - Revenue has only raised the issue of valuation of taxable service. In view of the above finding as the activity is not liable for service tax, we find that the issue of valuation will not survive - Decided against Revenue.
Issues:
- Appeal against the order of the Commissioner (Appeals) regarding the valuation of taxable service under Maintenance or Repair Service. - Whether the value of material used in providing the service should be included in the assessable value of taxable service. - Interpretation of the definition of Repair and Maintenance Service under Section 65(64) of the Finance Act, 1994. - Impact of the Board Circular dated 27.07.2005 on the applicability of service tax on maintenance or repair services. Analysis: The appeal before the Appellate Tribunal CESTAT MUMBAI was filed by the Revenue against the order of the Commissioner (Appeals) concerning the valuation of taxable service provided by the respondents, who were engaged in re-shelling old sugar mill rollers. The Revenue contended that the value of material used in the service should be included in the assessable value, as it is consumed during the re-shelling process. However, the Commissioner (Appeals) had held that the value of material should not be considered in determining the assessable value of the taxable service. In response to the Revenue's appeal, the respondents argued that the demand for service tax was for a period prior to the amendment in the definition of Repair and Maintenance Service, which came into effect on 16.06.2005. They relied on a Board Circular dated 27.07.2005, stating that maintenance or repair carried out under an agreement or contract before the amendment was subject to service tax. The Tribunal noted that in the present case, there was no maintenance contract or agreement in place. Therefore, the Tribunal found no merit in the Revenue's appeal, citing the clarification in the Board Circular that repair or service carried out under a contract other than a maintenance contract was not covered under the purview of service tax. The Tribunal emphasized that since the activity in question was not liable for service tax due to the absence of a maintenance contract, the issue of valuation of the taxable service became irrelevant. Consequently, the Tribunal dismissed the Revenue's appeal, affirming the decision of the Commissioner (Appeals) regarding the non-inclusion of the value of material in the assessable value of the service. The judgment highlighted the significance of the contractual nature of maintenance or repair services in determining the applicability of service tax, as outlined in the relevant legislative provisions and circulars. Overall, the judgment provided clarity on the interpretation of the legal provisions governing the taxation of maintenance and repair services, emphasizing the importance of contractual arrangements in determining the tax liability and assessable value of such services.
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