2018 (6) TMI 847 - AT - Service Tax

Valuation - inclusion of installation charges in assessable value - Demand of service tax on the whole composite amount (value of goods installation charges) - Held that - The appellant has discharged central excise duty on the whole amount. This being so, the differential demand of service tax confirmed on the basis that for a short period of three months i.e., from 8.12.2008 to 28.212009, the rate of service tax being higher than excise duty appears to be totally unsound application of fiscal statutory provisions. It does not find sustenance either under Central Excise or the Finance Act, 1994 - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Interpretation of service tax liability on composite charges for supply and installation of electronic safety systems. Adjustment of service tax against central excise duty paid on goods.

Analysis:
1. The case involved a dispute regarding the liability to pay service tax on composite charges for the supply and installation of electronic safety systems. The appellant, a manufacturer registered with the Central Excise Department, had two patterns of billing based on customer orders. The dispute arose when the department contended that the appellant should pay service tax on the installation charges collected separately for certain transactions. The Commissioner ordered the appellant to pay the differential service tax for a specific period where the service tax rate was higher than the central excise duty paid. The appellant challenged this decision through appeals, arguing that the installation activity was incidental to the sale of goods and should not attract service tax.

2. The appellant's counsel argued that the transaction involved outright sale of electronic safety equipment, with installation and commissioning activities being incidental to the sale. Referring to a High Court judgment, the counsel emphasized that installation services should be considered as a condition of sale and not an independent taxable service. The counsel also cited a previous case where a similar issue was decided in favor of the appellant, further supporting their contention that no service tax liability should arise on the installation charges.

3. On the other hand, the Revenue argued that there was no provision in the law to adjust service tax against central excise duty paid on goods. The Revenue contended that the Commissioner's decision to adjust the service tax demand against excise duty paid was erroneous and should be set aside.

4. After hearing both sides, the Tribunal analyzed the facts and arguments presented. The Tribunal noted that the dispute primarily revolved around instances where composite charges were invoiced for both goods and installation without segregation. The Tribunal observed that the appellant had already paid central excise duty on the entire amount, including installation charges. The Tribunal found the Commissioner's reasoning for demanding service tax on the composite amount unsound, as it failed to consider the manufacturing activity as the predominant event. The Tribunal also highlighted that the demand for differential service tax based on higher rates for a specific period was not supported by relevant statutory provisions.

5. Consequently, the Tribunal held that the Commissioner's order was unsustainable and set it aside. The appeal was allowed in favor of the appellant, granting consequential reliefs as necessary.

This detailed analysis showcases the legal interpretation and application of fiscal provisions concerning service tax liability on composite charges and the adjustment of service tax against central excise duty in the context of the specific case presented before the Tribunal.