SUBJECT: - CLARIFICATION REGARDING SERVICE TAX ON AUTHORISED SERVICE STATION.

Doubts have been raised as to: -

(i)                  Whether the service provided by an Authorized Service Station related to the motor vehicles other that those for which they do possess authorization from the manufacturer, are liable to service tax or not

(ii)                Whether the cost of lubricants/paints provided during the course of providing any taxable service by an Authorized Service would form part of value of taxable service for the purpose of levy of Service Tax

(iii)               Whether any service provided to customer at the time of purchase of new vehicle is liable to Service Tax.

1.      It is clarified that as per section 65(8) of Finance Act, 1994, “Authorized Service Station” means any service station, or center, authorized by any motor vehicle manufacturer, to carry our any service or repair of nay motor car or two wheeled motor vehicle manufactured by such manufacturer. As per section 65(90) (zc), the taxable service is any service provided to a customer, by an authorized service station, in relation to any service or repair or motorcars or two wheeled motor vehicles, in any manner. Therefore, Service Tax is leviable only on such services, which are provided in relation to motorcars, or two wheeled motor vehicles for which the service station is authorized. The intention was also to cover only the authorized service and repair of motorcar and two wheeled motor vehicles.

2.      During the course of providing service, an authorized service station also replaces engine oil and coolants etc. as per the request of the customer. The price charged by authorized service station for engine oil, gear oil and coolants is towards sale of these consumables to the customer. Therefore, the sale of consumable during course of providing service is akin to sale of parts and accessories and therefore value of such consumables is not includible in the value of taxable services provided value of such consumables is shown separately.

However, there are certain items such as paints used for painting body etc. during the course of providing service, and form intrinsic part and parcel of service in so much as that these are not distinctly and separately identifiable from the services rendered. Therefore, value of such items, which form intrinsic part of service, is includible in the value of taxable service.

3.      The activity of providing Teflon Coating at the time of sale cannot be construed as service or repair provided by an authorized service station even though the same 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 by the dealer is distinct from the service station comes into picture only after vehicle comes on road. Therefore, it is envisaged/appears that any activity of sales dealer at the presale stage or at the time of sale will not come under the purview of Service Tax.

4.      All members of Trade and Industry associations are advised to give wide publicity to the contents of this Trade Notice amongst their trade.

Authority: CBEC F.NO.248/1/22002-CX4
Dated: 05-03-2003