2015 (1) TMI 185 - AT - Service Tax

Business of retreading of old and used tyres - management, maintenance or repair service - appellants contended that they are paying sales tax/VAT on the materials at the time of purchase and also at the time of delivery of retreaded tyres since it is a works contract service and the transfer of property amounts to sale as per Article 366 (29A) of the Constitution of India - Held that - service tax can be levied on service component - Following decision of G.D. Builders Vs Union of India 2013 (11) TMI 1004 - DELHI HIGH COURT - matter should be re-examined by the adjudicating authority and decided in the light of the decision of the Hon ble Delhi High Court in the case of G.D. Builders Vs UOI (supra). Accordingly, we set aside the impugned orders. All the appeals are remanded to the adjudicating authority - Decided in favour of assesse.

Summary

Issues involved:
Common issue regarding the levy of service tax on the service component of a composite contract involving the retreading of old and used tyres.

Analysis:

1. Common Issue and Disposal of Applications: The judgment highlights that a common issue is involved in the applications regarding the demand of service tax on the service component of retreading old and used tyres. The Tribunal decides to take up the applications together for disposal after hearing both sides at length.

2. Nature of Business and Tax Demand: The appellants are engaged in the business of retreading old and used tyres, and a demand for service tax, interest, and penalty under the category of "management, maintenance or repair service" is made. The appellants argued that they are already paying sales tax/VAT on the materials involved in the retreading process, emphasizing that the transfer of property in the retreading activity is subject to sales tax.

3. Relevant Precedent and Remand: Referring to the judgment of the Hon'ble Delhi High Court in the case of G.D. Builders Vs Union of India, the Tribunal notes that service tax can be levied on the service component of a composite contract. The High Court remanded the matter to examine the computation of components in detail, emphasizing that the notifications regarding the levy of service tax are optional and subject to specific conditions.

4. Decision and Remand: Considering the Delhi High Court's decision, the Tribunal decides to re-examine the matter and remands all the appeals to the adjudicating authority for fresh consideration in line with the principles laid down in the G.D. Builders case. The impugned orders are set aside, and the adjudicating authority is directed to provide a reasonable opportunity of hearing before making a decision. Consequently, all the appeals are allowed by way of remand, and the stay applications are disposed of.

In conclusion, the judgment delves into the intricacies of levying service tax on the service component of composite contracts, drawing on relevant legal precedents and principles to guide the decision-making process and ensure a fair and lawful adjudication of the matter at hand.