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2023 (11) TMI 524 - AT - Service TaxClassification of service - Business Auxiliary Service or not - receiving various incentives on quantity of purchases/sales of mobiles and shown such amounts under separate head of income in their Balance Sheets - HELD THAT - The trade discount and cannot be classified under Business Auxiliary Service. Even this bench in the matter M/S AIA ENGINEERING LTD. VERSUS THE COMMISSIONER, ST. - AHMEDABAD 2014 (12) TMI 241 - CESTAT AHMEDABAD has taken a view that if goods are purchased on outright basis then discounts cannot be treated as Business Auxiliary Service. Further, we also find that in the show cause notices issued subsequently for the period 2014-2015 and 2015-2016 for negative list period, Order In-Appeal Bearing No. RAJ-Excus-000-App-262-263 TO 2017-2018 dated 27.02.2018 was submitted to be in favour of the party on the same issue. The appellant must succeeded in this matter also - Appeal allowed.
Issues Involved:
1. Classification of incentives/discounts under "Business Auxiliary Service." 2. Liability of Service Tax on the said incentives/discounts. 3. Compliance with registration and self-assessment requirements under the Finance Act, 1994. 4. Penal actions for alleged contraventions. Summary: Issue 1: Classification of Incentives/Discounts under "Business Auxiliary Service" The department observed that the assessee received various incentives on the purchase/sale of mobiles, categorized under different heads in their Balance Sheets. It appeared to the department that these incentives were commission income for sales promotion efforts, thus falling under "Business Auxiliary Service" as defined in clause (19) of Section 65 of the Finance Act, 1995. The assessee argued that these were trade discounts and not liable to Service Tax, citing precedents where such incentives were treated as trade discounts and not services. Issue 2: Liability of Service Tax on the Said Incentives/Discounts The department claimed that the incentives received were for promoting and marketing mobile products, making them taxable under "Business Auxiliary Service." The assessee contended that they were engaged in trading mobile handsets and accessories, and the incentives were price reductions due to business volume, not services. They relied on case laws supporting the view that such incentives are trade discounts, not subject to Service Tax. Issue 3: Compliance with Registration and Self-Assessment Requirements The department noted that the assessee had not disclosed the service provided under "Business Auxiliary Service" and had not registered for Service Tax or filed proper ST-3 returns, contravening Sections 68, 69, and 70 of the Finance Act, 1994, read with the Service Tax Rules, 1994. The assessee argued that there was no service provider/receiver relationship between them and the distributors or manufacturers, and thus no requirement for registration or self-assessment for Service Tax. Issue 4: Penal Actions for Alleged Contraventions The department issued a Show Cause Notice demanding Service Tax, interest, and penalties under Sections 77 and 78 of the Finance Act, 1994. The Commissioner (Rajkot) upheld the liability for Service Tax, interest, and penalties. The assessee appealed, arguing that the incentives were trade discounts and not services, thus not liable for Service Tax or penalties. Judgment: The Tribunal found merit in the assessee's arguments, supported by various case laws, that the incentives were trade discounts and not "Business Auxiliary Service." The Tribunal noted that in subsequent periods, similar demands were dropped, and the department had accepted this position on merits. Consequently, the appeal was allowed, and the assessee was not liable for Service Tax or penalties on the incentives received. Conclusion: The Tribunal ruled in favor of the assessee, determining that the incentives/discounts received were trade discounts and not taxable under "Business Auxiliary Service." The appeal was allowed, and the assessee was not liable for the demanded Service Tax and penalties.
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