2019 (1) TMI 1169 - AT - Service Tax

Valuation - Servicing of Motor Vehicles - inclusion of reimbursement expenses in assessable value - Department was of the view that the expenses incurred by the dealers, like the appellant herein, for providing free services during warranty period are reimbursed by the manufacturer of vehicles - Held that - The issue as to taxability of the reimbursable expenses has finally been laid to rest by the Hon ble Supreme Court in the case of UOI Vs Intercontinental Consultants and Technocrats Pvt. Ltd. 2018 (3) TMI 357 - SUPREME COURT OF INDIA where it was held that only w.e.f. 14.05.2015, by virtue of provisions of Section 67 itself, such reimbursable expenditure or cost would also form part of value of taxable services for charging service. The CESTAT Chennai in Dream Loanz Vs CCE Coimbatore 2017 (5) TMI 1464 - CESTAT CHENNAI held that the reimbursable out-of-pocket expenses are not includible in gross value of taxable services, not being amounts charged by service provider for such services. Appeal allowed - decided in favor of appellant.

Summary

Issues involved:
1. Taxability of reimbursable expenses in the provision of free services during the warranty period.
2. Taxability of services rendered under the category of Business Auxiliary Service (BAS).
3. Application of penalties under various provisions of law.

Detailed Analysis:
1. The case involved the appellants, authorized dealers of a company engaged in selling two-wheelers, who provided free services during the warranty period. The issue was whether the appellants correctly discharged their service tax liability for these free services. The Department contended that the appellants only paid service tax on labor charges and not on the material cost portion reimbursed by the manufacturer. A show cause notice was issued proposing service tax demands under 'Servicing of Motor Vehicle' and 'Business Auxiliary Service' categories for the period 2005-06 to 2009-10. The adjudicating authority confirmed the demand, which was upheld by the Commissioner (Appeals), leading the appellants to appeal to the Tribunal.

2. During the hearing, the appellants relied on various judgments, including the Apex Court's decision in a specific case and recent Tribunal decisions favoring appellants in similar matters. The Tribunal noted that the issue of taxability of reimbursable expenses had been clarified by the Apex Court, stating that such expenses form part of the value of taxable services only from a specific date. The Tribunal also cited its own previous decisions supporting the appellants' position regarding the inclusion of reimbursable expenses in the taxable value of services.

3. After considering the arguments from both sides, the Tribunal found in favor of the appellants. It held that the issue of taxability of reimbursable expenses had been conclusively settled by the Apex Court's judgment and subsequent Tribunal decisions. The Tribunal emphasized that the value of taxable services should only include amounts charged for providing the specific service, excluding reimbursable out-of-pocket expenses. Therefore, the impugned order was set aside, and the appeal was allowed with consequential benefits as per the law.

In conclusion, the Tribunal's judgment clarified the taxability of reimbursable expenses in the provision of free services during the warranty period, emphasizing the importance of considering only amounts directly charged for the services provided when determining the taxable value of services.