2024 (12) TMI 1026 - AT - Service Tax

Classification of service - facilitation for registration of motor vehicle carried out by the Appellant for their customer - Business Auxiliary Service or not - Teflon coating, mat fixing, accessory fitting etc - Motor Vehicle Repair Service' or not. Classification of service - facilitation for registration of motor vehicle carried out by the Appellant for their customer - Business Auxiliary Service or not - HELD THAT - The issue regarding service tax on the registration is well settled and following the decisions of Tribunal, it is held that no service tax is payable for registration of the vehicle as held by Adjudication authority. Classification of service - Teflon coating, mat fixing, accessory fitting etc - Motor Vehicle Repair Service' or not - HELD THAT - The issue is also considered by the Tribunal in large number of decisions, and it is held that the assessee is not liable to pay service tax for such activity since it involved both material and service charge. Further the Ld. Counsel for the Appellants admits that they were paying service tax on the actual charges with effect from 01.07.2012. Facts being so, no service tax can be confirmed on the Appellant prior to 01.07.2012. The appeal is partially allowed, and the matter is remanded to reconsider the demand of service tax after considering the details furnished by the Appellant and only on the actual amount received towards such services and not on the amount shows as provision for expenses during the relevant month in their books of accounts.

Issues:
Classification of facilitation for registration of motor vehicle under 'Business Auxiliary Service' and classification of Teflon coating, mat fixing, and accessory fitting under 'Motor Vehicle Repair Service' or 'Taxable Service' as per Finance Act, 1994.

Analysis:

1. The appeal addressed the classification of services provided by the Appellant, an authorized dealer of a car manufacturer, regarding the facilitation for vehicle registration and additional works like Teflon coating, mat fixing, and accessory fitting. The issue was whether these services fall under 'Business Auxiliary Service' or 'Motor Vehicle Repair Service'/'Taxable Service' as per relevant sections of the Finance Act, 1994.

2. The Appellant facilitated vehicle registration and performed additional works based on customer requests during the sale of new vehicles. The tax authority initiated proceedings, alleging these activities were taxable services, demanding service tax for specific periods and imposing penalties. The Adjudication authority upheld the demand, leading to the present appeal by the Appellant.

3. The Appellant argued that facilitating vehicle registration is not covered under 'Business Auxiliary Service' or any taxable service as per previous Tribunal decisions and their own case history. They contended that the demand for service tax on registration charges was unsustainable based on legal precedents and the department's non-challenge of a prior decision.

4. Regarding the demand for service tax on Teflon coating, mat fixing, and accessories fitting, the Appellant asserted that these activities were done before delivering vehicles to customers, involving both material and service charges. They argued that service tax was not applicable before a certain date and objected to the method of computing the tax liability, claiming the demand was unjustified and barred by limitation.

5. The Appellant also disputed the penalty imposition, citing the absence of any intention to evade tax. They highlighted discrepancies in the calculation of taxable value and the method used for determining the service tax amount, emphasizing that the demand should be based on the actual amount received for services provided.

6. The Authorized Representative contended that all activities by the Appellant were taxable under 'business auxiliary service' or relevant service definitions. They argued that services like fixing accessories and coatings fell within taxable service categories, emphasizing the liability to pay service tax based on consideration received for such activities.

7. After hearing both sides, the Tribunal held that no service tax was payable for vehicle registration based on established precedents. They also concluded that the Appellant was not liable to pay service tax for activities like Teflon coating and accessory fitting, especially before a specific date, as acknowledged by the Appellant's compliance post that date. The Tribunal directed a reconsideration of the tax liability based on actual amounts received for services.

8. Consequently, the appeal was partially allowed, and the matter was remanded for a reassessment of the service tax demand, focusing on actual service charges received by the Appellant rather than provisions made in their accounts. The decision aimed to ensure a fair and accurate determination of the tax liability for the relevant services.

9. In light of the above considerations, the appeal was partially allowed, with a remand for a limited period post a specific date to review the tax liability concerning the services provided by the Appellant. The Tribunal emphasized a thorough reconsideration based on the actual amounts received for services rendered.

← Previous Next →