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Service tax not to cover materials

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In service and maintenance contracts, cost of parts and materials used are excluded for evaluating service tax, the Supreme Court has held in a batch of appeals from different states referring to companies retreading tyres. It reversed the finding of the excise appellate tribunal that it is the entire of the gross value of the service rendered that is liable to service tax. The tribunal had maintained that there is no sale or deemed sale of the parts or other materials used in the execution of the contract of repairs and maintenance. The court stated that several government notifications like those in 2003 and 2004 have made it clear that goods and materials sold by the service provider to the recipient of service are exempted. The only condition is that there should be documentary proof specifically indicating the value of the goods and materials, the court stated in its judgment in the leading case, Safety Retreading Co vs Commissioner of Central Excise. An assessee is liable to pay tax only on the service component, the judgment emphasised.
Business Standard New Delhi,30th January 2017

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