2014 (8) TMI 267 - AT - Service Tax

Waiver of pre-deposit - Extended warranty service - Repairs to Vehicle Service - period from 01.05.2011 to 30.06.2012 - Held that - Total Maintenance Plan (TMS) includes the wear and tear parts, Schedule Service Plans (SSP), includes all replacement and adjustments specified under TMS. It is seen that in the case of SSP, the wear and tear parts are not covered. - applicant had took a definite stand before the adjudicating authority that during the course of implementing the Schemes, dealers are required to replace some component or spare parts and VAT is payable on the said items. he Hon ble Delhi High Court in the case G.D. Builders Vs Union of India 2013 (11) TMI 1004 - DELHI HIGH COURT held that the cost of materials would be excluded, where VAT was paid for assessment, determination of value under Section 66 of the Finance Act, 1994. Considering the overall facts and circumstances of the case, stay granted partly.

Summary

Issues:
Demand of service tax on extended warranty service for the period 01.05.2011 to 30.06.2012.

Analysis:
The judgment revolves around the dispute concerning the demand of service tax on the extended warranty service provided by a manufacturer of passenger cars and parts. The applicant sold cars through dealers with a two-year warranty, after which customers had the option to avail an "extended warranty plan" for maintenance through authorized service stations. The demand of tax amounting to &8377; 3,89,87,290/-, along with interest and penalty, was raised for the period from 01.05.2011 to 30.06.2012.

Upon examining the records and arguments from both sides, it was noted that the demand of tax was raised under the category of "Repairs to Vehicle Service" following amendments in the Finance Act, 1994. The key contention was whether the manufacturer or the authorized service station was liable to pay the service tax on the extended warranty service. The applicant argued that the tax should be paid by the service station as they indemnified the contract for the services, making it akin to an insurance guarantee rather than actual repair service.

The Tribunal analyzed the various maintenance plans offered by the applicant, distinguishing between the Total Maintenance Plan (TMS) and Schedule Service Plans (SSP) concerning coverage of wear and tear parts. The applicant's compliance with VAT payment on component replacements was also highlighted. Reference was made to a judgment by the Delhi High Court regarding the exclusion of material costs where VAT was paid for assessment under the Finance Act, 1994.

In light of the circumstances, the Tribunal directed the applicant to deposit a sum of &8377; 40,00,000/- within six weeks, with the waiver of the balance amount of tax, interest, and penalty until the appeal's disposal. Compliance was to be reported by a specified date, ensuring a fair resolution to the ongoing tax dispute.