2016 (2) TMI 688 - AT - Service Tax

Valuation - Business auxiliary service (BAS) - inclusion of reimbursement of expenses - activity of providing personnel for operating and security and other support services, besides undertaking housekeeping, deposit of sale proceeds in bank, assistance in customer service and maintenance of records - period from July 2003 to March 2005 - Held that - Undoubtedly the cost of such activities would form part and parcel of the charge levied by the appellant from M/s Indian Oil Corporation Ltd. It would, therefore, be incorrect to deduce that the said charges are reimbursements as these are in the nature of a consideration for the facilities and activities carried out in connection with the dispensing of the petroleum products belonging to M/s Indian Oil Corporation Ltd. in accordance with an agreement. Therefore, the entire amount received from M/s Indian Oil Corporation is liable to be taxed. - Demand confirmed - Decided against the assessee.

Summary

Issues:
Determining if the appellant is a provider of "business auxiliary service" based on the activities performed for M/s Indian Oil Corporation Ltd. and the nature of the agreement between the parties.

Analysis:
The case involves M/s Indian Oil Corporation Ltd. engaging an individual to manage a petroleum products outlet. The appellant was required to provide personnel for operations, security, housekeeping, customer service, and maintenance of records. The Assistant Commissioner confirmed a tax amount payable by the appellant for providing "business auxiliary service." The main issue is whether the appellant falls under the definition of a "business auxiliary service" provider.

The Tribunal noted that the premises and installations were owned by M/s Indian Oil Corporation Ltd., and the appellant was required to perform various activities related to dispensing petroleum products, collection of cash, and maintenance of inventory. The appellant received operating charges for the products sold and contended that as an individual, he was exempt from taxation. However, the Tribunal found that the appellant's activities fell within the definition of "business auxiliary service" under the Finance Act, 1994. The agreement outlined various services provided by the appellant in relation to the sale of M/s Indian Oil Corporation Ltd.'s products, making the entire amount received taxable.

The Tribunal emphasized that the appellant was not acting as a commission agent but was engaged in the sale of goods belonging to M/s Indian Oil Corporation Ltd. The appellant was responsible for recruiting staff and ensuring facilities for product distribution. The charges levied were considered a consideration for the activities carried out in connection with dispensing petroleum products. Therefore, the Tribunal concluded that the entire amount received from M/s Indian Oil Corporation Ltd. was liable to be taxed.

In conclusion, the Tribunal found the appeal devoid of merit and dismissed it, upholding the tax liability on the appellant for providing "business auxiliary service" to M/s Indian Oil Corporation Ltd.