2015 (8) TMI 1242 - AT - Service Tax

Services of maintenance and repair - Assessee discharged their service tax liability on 30% of the gross value of the contract for repairing the transformers - As the balance 70% of the contract value was in relation to the value of the parts replaced during repair activities, they discharged VAT on the same. - Held that - 70% of the contract value has admittedly paid the VAT. There are many decisions to the effect that service tax cannot be charged in respect of the sale of goods on which VAT has been paid. As such, at this stage, we are of the view that the appellant has a good prima facie case in it s favour so as to allow the stay petition unconditionally - Stay granted.

Summary

Issues involved:
- Discharge of service tax liability on 30% of gross value of contract for repairing transformers
- Revenue's view that entire 100% should be charged to service tax
- Appellant's payment of VAT on 70% of contract value for parts replaced during repair activities
- Prima facie case in favor of appellant regarding service tax and VAT payment

Analysis:

The judgment by the Appellate Tribunal CESTAT BANGALORE involved a case where the appellant, engaged in maintenance and repair services, discharged their service tax liability on 30% of the gross value of the contract for repairing transformers. However, the Revenue contended that the entire 100% should be subject to service tax, leading to demands, interest, and penalties being imposed. The appellant had paid VAT on 70% of the contract value for parts replaced during repair activities.

The Tribunal noted that the appellant had a prima facie case in their favor since 70% of the contract value had already been subjected to VAT. Citing previous decisions, the Tribunal highlighted that service tax cannot be levied on goods on which VAT has been paid. Consequently, the Tribunal allowed the stay petition unconditionally, recognizing the appellant's position in the matter.

In the absence of representation from the appellant, the Tribunal carefully considered the facts, the contentions of the Revenue, and the legal principles surrounding the issue of service tax liability on repair services. By acknowledging the appellant's compliance with VAT payment on parts replaced during repairs, the Tribunal emphasized the importance of distinguishing between service tax and VAT obligations in such transactions. Ultimately, the judgment favored the appellant's position based on the existing legal precedents and the specific circumstances of the case.