2009 (4) TMI 118 - AT - Service Tax

Free Services Warranty Period Motor Vehicle after sale service - Department has contended that the appellant is liable to pay service tax on the amount attributable to the free services provided by the dealer during the warranty period As far as the buyer is concerned he is entitled to 3 free services. - the contract between the purchaser of the vehicle and the dealer is an indivisible contract. Held that no Service Tax is leviable - As regards reimbursement of cost of free services rendered by another dealer, in such cases the services provided would have been to the dealer who sold the vehicle by the dealer who has actually provided the services and therefore the service tax is leviable. In that case the receiver of services would not be the purchaser but the dealer who has originally sold the vehicle. Therefore the fact that the dealer gets reimbursement when he provides service in respect of the vehicles sold by others would not help the Revenue. Demand and penalties set aside.

Summary

Issues:
1. Liability to pay service tax on free services provided during the warranty period.
2. Applicability of service tax on the dealer's margin already subjected to sales tax.
3. Interpretation of transaction between the dealer and purchaser as one of sale or service.
4. Invoking the extended period for taxation.

Analysis:
1. The appellant, a dealer of Maruti Udyog Ltd., was held liable to pay service tax on the amount attributable to free services provided during the warranty period. The demand for service tax, interest, and penalty was confirmed by the Department, leading to the appeal.

2. The appellant argued that since the transaction is a sale and sales tax is paid on the dealer's margin, which includes the cost of free services, service tax should not be levied on the same amount. Citing Tribunal decisions, the appellant contended that the transaction should be treated as a sale, and service tax cannot be imposed on the dealer's margin already subjected to sales tax.

3. The Revenue contended that the transaction involves both sale and service components, as seen in a High Court decision regarding service and sales tax on catering services. The Revenue argued that the cost of free services, included in the dealer's margin, is liable to service tax. Referring to Maruti Udyog Ltd.'s clarification and other decisions, the Revenue maintained that the service tax is applicable even if the transaction is treated as a sale for sales tax purposes.

4. The Tribunal analyzed the transaction between the dealer and the buyer, noting that the buyer is entitled to free services with no provision for refund or rebate. Considering the indivisible nature of the contract, the Tribunal found merit in the appellant's argument that the contract is indivisible, and the component of free services cannot be segregated. The Tribunal also highlighted that the reimbursement for services provided by another dealer would not make the service tax applicable to the dealer who sold the vehicle. Given the comparable facts in previous decisions, the Tribunal allowed the appeal on merits and waived the penalty.

This detailed analysis of the judgment provides insights into the legal reasoning behind the decision on each issue raised in the case.