2007 (8) TMI 91 - AT - Service Tax

Stay/Dispensation of pre-deposit - Appellant were entitle for benefit of exemption Notification 12/2003-S.T. on the ground of the appellant has not taken the credit of goods supplied by the by franchiser - Waiver of pre-deposit and stay of recovery granted

Summary

Issues:
1. Differential service tax demand along with Education Cess and penalty imposition.
2. Taxability of repairs and maintenance service rendered to customers.
3. Inclusion of material cost in the taxable service value.
4. Applicability of Exemption Notification No. 12/2003-ST.
5. Eligibility for benefit under the Notification.
6. Prima facie case based on relevant case laws.
7. Granting waiver of pre-deposit and stay of recovery.

Analysis:
1. The lower authorities demanded a differential service tax and imposed a penalty on the appellants for providing repairs and maintenance services to customers of M/s. MRF Ltd. The appellants paid tax on 30% of the gross value, attributing it to the service, while the remaining 70% represented material costs. The service became taxable from 16-6-2005, and the cost of materials supplied by M/s. MRF Ltd. was not included in the taxable value by the appellants.

2. The service provider was entitled to deduct material costs sold to the customer during service provision, as per the Finance Act, 1994. Exemption Notification No. 12/2003-ST allowed deduction of goods and materials value from taxable service, provided no credit of duty paid on such goods was taken under CENVAT Credit Rules. The appellants had not taken such credit, making them prima facie eligible for the exemption.

3. The appellants relied on relevant case laws, including Stay Order Nos. 2 - 5/2007 and Adlabs v. Commissioner, to support their case that raw material costs should not be included in the taxable service value. The Tribunal's decision in these cases favored excluding material costs from the taxable value of services.

4. After considering the arguments and case laws, the Tribunal found a prima facie case in favor of the appellants. Consequently, the Tribunal granted a waiver of pre-deposit and a stay of recovery concerning the tax and penalty amounts. The order was issued by 'dasti' in light of the latest demand notice.

This detailed analysis covers the issues raised in the legal judgment, highlighting the key points and legal interpretations made by the Tribunal in the case.