2008 (12) TMI 125 - AT - Service Tax

Business auxiliary service - appellants are servicing motor vehicles of M/s. Tata Motors in respect of passenger cars as well as the light commercial vehicles -Service Tax liability in this appeal is restricted to the cost of free services in respect of light commercial vehicles - case is regarding the applicability of Service Tax on the activity of servicing/repairing of the commercial vehicles - amount received by the appellant is in respect of servicing of light commercial vehicles , the Circular No. 87/05/2006-ST would directly apply and appellant is not liable to pay any Service Tax on such amount received by him

Summary

Issues:
Service Tax liability on free services provided for light commercial vehicles.

Analysis:
The appeal addressed the issue of Service Tax liability on free services provided for light commercial vehicles by the appellants. The appellants were engaged in the sale and service of motor vehicles, holding Service Tax Registration under various categories. They provided three free services to buyers of new vehicles from a specific manufacturer, recovering the costs from the manufacturer. The authorities issued a show cause notice for non-payment of Service Tax on the amount received for these free services. The lower authority confirmed the demand and imposed penalties. The appellants contended that the services provided during the warranty period for light commercial vehicles did not fall under the category of chargeable service of 'Business Auxiliary Service' and hence were not liable for Service Tax. They argued that the legislation excluded light commercial vehicles from the purview of Service Tax. The JCDR, however, supported the lower authority's findings and the reliance on CBEC Circular.

The Tribunal considered the arguments and perused the records. It was established that the appellants serviced both passenger cars and light commercial vehicles. The issue focused on the applicability of Service Tax specifically to the free services for light commercial vehicles. Referring to a CBEC Circular, it was clarified that authorized service stations providing services for motor cars, light motor vehicles, or two-wheeled motor vehicles were subject to Service Tax. However, the Circular excluded servicing of vehicles like trucks from Service Tax. Since the appellants received payment for servicing light commercial vehicles, which were excluded from the definition of motor cars, they were not liable for Service Tax on that amount. Another Master Circular reiterated the Service Tax liability only on light motor vehicles and two-wheeler motor vehicles. The Tribunal concurred with the appellants' interpretation based on the Circulars and held that they were not liable for Service Tax on the amount received for servicing light commercial vehicles. Consequently, the impugned order was set aside, and the appeal was allowed.

This detailed analysis of the judgment showcases the legal arguments presented, the interpretation of relevant statutes and circulars, and the final decision reached by the Tribunal regarding the Service Tax liability on free services provided for light commercial vehicles.