2015 (7) TMI 1007 - AT - Service Tax

Valuation - deduction of value of material used in the retreading of tyres - Denial of benefit of Notification No. 12/2003-ST dated 20.6.2003 - Held that - Service Tax can be levied on the service component of any contract involving service with sale of goods, etc. Computation of service component is a mater of detail and not a matter relating to validity of imposition of service tax. It is procedural and a matter of calculation. Merely because no rules are framed for computation, it does not follow that no tax is leviable. - Matter remanded back - Decision in the case of G.D. Builders vs. UOI 2013 (11) TMI 1004 - DELHI HIGH COURT followed - Decided in favour of assessee.

Summary

Issues:
1. Interpretation of Notification No. 12/2003-ST dated 20.6.2003 for service tax on retreading of tyres.
2. Classification of the service under "Maintenance or Repair" category for tax purposes.

Analysis:

1. The appeal was filed by the Revenue against the Commissioner (Appeals) order setting aside the adjudication order. The issue revolved around the availability of the benefit of Notification No. 12/2003-ST dated 20.6.2003 on the material used in tyre retreading. The Revenue relied on previous tribunal decisions and a recent Delhi High Court judgment stating that service tax can be levied on the service component of contracts involving services with the sale of goods. The Tribunal found that the matter had been adjourned previously with no representation from the respondent, leading to the appeal being taken up for disposal. The Tribunal emphasized that the computation of the service component is procedural and not a question of the validity of the service tax imposition.

2. The Authorised Representative for the Revenue argued that the present appeal did not fall under 'Works Contract Service' but pertained to tax demand under the category of "Maintenance or Repair" services for tyre retreading. The respondent had paid service tax on labour charges and sought exemption under Notification No. 12/2003-ST for the material portion. Referring to a Tribunal decision and the Delhi High Court judgment, the Tribunal concluded that the case needed examination in light of the High Court's findings. Consequently, the impugned order was set aside, and the matter was remanded to the adjudicating authority for a decision based on the High Court's judgment and in accordance with the law. The adjudicating authority was instructed to provide a proper opportunity for the respondent to be heard before passing any order.

In conclusion, the appeal was allowed by way of remand, with the Tribunal directing a re-examination of the case in line with the Delhi High Court's decision and ensuring due process for the respondent during further proceedings.