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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
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PJ/Case Laws/2012-13/1210

:- Whether service tax paid on transportation of vechile by authorized dealer-cum-service station is a input service for him?
Case:- ASSTT COMMISSIONER OF CUSTOMS, CENTRAL EXCISE & SERVICE TAX,
VISAKHAPATNAMVs M/s SREE SIVA SANKAR AUTOMOBILES
 
Citation: - 2012-TIOL-1094-CESTAT-BANG
Issue:- Whetherservice tax paid on transportation of vechile by authorized dealer-cum-service station is a input service for him?
 
Brief fact:- The Respondents are the authorized dealers of Hero Honda Motorcycles and accessories and are also having authorized service stations. In respect of activities as authorized service station, the respondents are paying service tax as authorized service station service. The dispute relates to credit taken by the respondent in respect of service tax paid on the freight amount involved in transporting the motor vehicles from the factory to the dealer's premises. Original authority disallowed the credit amounting to Rs.2,63,099/- for the period from April 2007 to March 2008 along with interest and imposed penalty under Section 76 of the Finance Act. On an appeal by the party, the Commissioner (Appeals) set aside the order of the original authority.
 
Thereafter the department filed appeal against the order of the Commissioner (Appeals) No.11/2010 (V-I) ST dated 26.2.2010.
 
Reasoning of Judgment: The respondents are undisputedly having dual roles, one as dealer of the motor vehicle and the other as the authorized service station. The GTA services utilized for the purpose of transport of the vehicle to the dealer's premises relate to their activities as a dealer. This GTA services cannot be treated as input services in respect of activities undertaken by the respondent as authorized service station. The relevant portion of the Board's clarification relied upon by learned Superintendent (AR) is reproduced below:
 
3. The activity of providing Teflon Coating at the time of sale cannot be construed as a service or repair provided by an authorized service station even though the same dealer may also be authorized to carry out after sale services. The authorized sales dealer and authorized service station are appointed to perform two distinct functions for the car manufacturer and therefore the activity performed at the time of sales of vehicle by the dealer is distinct from the service provided by the authorized service station. Normally, authorized service station comes into picture only after vehicle comes on road. Therefore, it is envisaged appears that any activity of sales dealer at the pre-sale stage or at the time of sale will not come under the purview of service tax.
 
Tribunals did not found any valid reason for the Commissioner (Appeals) to have deviated from view expressed in the clarification of the Board. As already noted, the GTA services utilized for transport of the motor vehicles cannot be treated as input services for the activities of the respondent relating to the authorized service station. Therefore, Tribunal found merits in the appeal filed by the department.
 
Therefore appeal is allowed and the order of the Commissioner (Appeals) is set aside and the order of the original authority is restored.
 
Decision:- Revenue Appeal Allowed.
 
Comment:- The tribunal has examined the issue thoroughly and held that the service tax paid on transportation of vehicle is not input service for authorized service station. This is due to the fact that the vehicle transported are traded by them and is not used for providing service. The credit is available on those input services which are used for providing output service.
 
 
 
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