2008 (11) TMI 85 - AT - Service Tax

Authorised service station - levy of service tax on free services provided by the appellants during the warranty period for sale of car - service provider has not received any service charge from the service recipient - vehicle manufacturers have specifically reimbursed any amounts towards the said services - in these circumstances, payment of service tax and imposition of penalty is not sustainable

Summary

Issues involved:
Levy of service tax on free services provided during the warranty period for the sale of cars.

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi, involved a common issue of the levy of service tax on free services provided by the appellants during the warranty period for the sale of cars. The Tribunal considered the case in light of a previous decision in the matter of M/s Hindustan Auto House (P) Ltd. vs. C.C.E., Jaipur. The Tribunal noted that the value of the so-called "free services" was already included in the price of the vehicle paid by customers, which also covered excise duty and sales tax. It was observed that no evidence was presented to show that the vehicle manufacturer specifically reimbursed amounts for these free services. As a result, the Tribunal held that since the service provider did not receive any service charge from the service recipient, the payment of service tax and imposition of penalties were deemed unsustainable.

In the present case, the appellants were operating as an authorized service station for Maruti Udyog Ltd., similar to the situation in the Hindustan Auto House case. Consequently, the demand for service tax and penalty on the free services provided during the warranty period was set aside by the Tribunal. Additionally, the appellants informed the Tribunal about another demand for tax and penalty related to 'Club Membership' in Appeal Nos.ST/186-187 of 2007, which they were not contesting. Therefore, the adjudicating authority was directed to re-determine the demand of tax and penalty solely on 'Club Membership' in those appeal numbers. Ultimately, Appeal No.ST/278/07 was allowed with consequential relief, as per the judgment delivered by the Tribunal members.