Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1321

Whether service tax liability arise on Referral Charges received by authorized service stations from Banks and Insurance Company to promote the business of extending credit facility and insurance service to the prospective customers ?


Case:- TVS MOTORS COMPANY LTD Vs COMMISSIONER OF CENTRAL EXCISE, CHENNAI
 
Citation:- 2012-TIOL-1569-CESTAT-MAD
 
Brief Facts:- The appellant had provided promotion and marketing services to Banks and Insurance Company. Banks sanctioned loan to the prospective customers identified by the appellant for buying vehicles of appellant company, insurance of those vehicles were done by Insurance Company. Appellant and its dealers as well as authorized service centres were promoters of business of the bank and insurance company. The appellant collect consideration from bank and insurance company for joint promotion of advertisement. The service provided by the appellant to the Banks and Insurance Company were input service of the latter to provide the output service of Banking and Financial Services by banks and Insurance Services by Insurance company. As per revenue it is business auxiliary service and so the adjudicating authority demanded service tax and interest along with penalty under section 78 of Finance act, 1944. As well as imposed penalty under Section 76. The appellant filed appeal against order in original but it was dismissed by the Commissioner (appeals). Thereafter, appellant filed appeal before tribunal against order in appeal. The issue involved before the Tribunal was that whether the services rendered by the appellant to ICICI Bank, HDFC Bank and Oriental Insurance Company was in relation to promotion and marketing of services and whether such service was taxable as Business Auxiliary Service.
 
Appellant Contentions:- The appellant submitted that there was no promotion or marketing of service provided to the banks and the insurance company and receipt of publicity expenses incurred was towards joint promotion of advertisement which was not liable to service tax. There was no liability incurred by the appellant since banks and insurance company were doing their own business under an agreement with the appellant. It was pleaded that the referral charges were not received for providing services. Reimbursement of share of advertisement expenses by the insurance company was not liable to be taxed as business auxiliary service provided. There was joint promotion of their sales. Receipt from bank and reimbursement of advertisement expenses should not be treated as value of taxable service provided. The entire tax was paid before adjudication and there shall not be any levy of penalty following the decision in the case of Roshan Motors Ltd. Vs CCE Meerut. If there is liability, cum tax benefit is also admissible. The appellant having been discharging its tax liability regularly, adjudication proceedings should not have been initiated under section 73 (3) of the Act and no notice should have been issued.
 
 
Respondent Contentions:- The Respondent reiterates MOU between insurance company, banks and appellant and found the appellant to promote and market service of these banks by extending infrastructural facility at the doorstep of its dealers and authorized service centres to promote such activity. He also submits the agreement with Insurance Company and found that appellant promoted marketing of insurance service by the said insurance company. The appellant sold vehicles and insured by Oriental insurance and such a facility was also provided at the doorstep of dealers and authorized service centres of appellant. The use of logo of the latter was done to hold out to the public through advertisement that the appellant had tie-up with the insurance company concerned to provide facility of insurance of the vehicle, renewal of the policy and settlement of the claims.  Cost incurred by such advertisement by appellant was reimbursed by insurance company. All these arrangements between the parties resulted in promotion and marketing of service of the bank by appellant. Monthly commission was paid to appellant by bank in terms of the agreement from time to time except in case of customers identified by the bank and its agents directly. It was thus a proved case of promotion and marketing of services of bank by appellant. As per discussion of insurance company tie up with appellant, the appellant reimbursed the advertisement expenses of tune of 5% of the premium of 12 months in respect of policy issued or renewed under conditions of IRDA was borne by the insurance company and the mechanism of reimbursement was payment of consideration in disguise for promoting and marketing of service provided by the insurance company by the appellant. The consideration so paid in kind formed measure of value for taxable service provided by appellant to the insurance company. The service so provided by the appellant was input service intended to be used by bank and insurance company to provide their output services. As per the above clarification, it was proved that appellant was promoter and marketer of services of banks as well as insurance company, and was auxiliary in the chain of economic activity carried on by them. It has accordingly provided "Business Auxiliary Service" to the banks as well as insurance company for which adjudication was rightly made.
 
Reasoning of Judgment:- We have considered arguments on both the sides. The agreement entered into by the appellant with Banks under the title "Preferred Financier Agreement" was to promote and market the service provided by the bank, identify potential customers by the appellant for the said bank to provide banking and financial services by the former. To carry out its customer identification process through advertisements, one of the modus operandi was that the loge of the bank was permitted to be used in advertisements in print media holding out to the public that the appellant was promoter business of bank for extending banking and financial services to the prospective buyers of the vehicles of the appellant. Section 65 (105) (zzb) and Section 65 (19) of the Act, warrants taxation of the consideration received by the appellant from banks, and insurance company as business auxiliary service provider and the service so provided becomes input service for banks to provide the output service of banking and financial service as well as insurance service by insurance company. Thus, the business auxiliary service provided by the appellant during the impugned period was liable to be taxed. So far as ground of there is nothing on record to show that the appellant avoided its liability bonafidely, accordingly no immunity from penalty is possible to be granted on the plea of tax compliances made which was found to be a case of no payment of tax on the impugned services provided during the relevant period. However, the penalty under section 78 will meet the ends of justice and hence separate penalty under section 76 is set aside. Further, the claim of cum-tax benefit made by the appellant merits consideration and the same is allowed. Consequently, the tax amount is to be re-computed by the original authority and intimated to the appellant within a month of receipt of this order. Penalty will also consequently change being equal to the tax amount. The original authority may also give the option of paying 25% within a month as provide under the law. In the result, appeal is dismissed except for allowing the cum-tax benefit, and setting aside penalty under section 76.
 
Decision: -Appeal Disposed of.
 
Comment: The analogy drawn from this case is that the authorized service stations allowing the banks and insurance companies to extend their financial and insurance services for consideration are in the sense promoting and marketing their business of financial and insurance services and are liable for service tax under BAS.
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com