2008 (10) TMI 123 - AT - Service Tax

Tax Tribunal: Cab Service Not Rent-A-Cab Scheme Operator

SURYA TOURS & TRAVELS Versus COMMISSIONER OF CENTRAL EXCISE, JAIPUR-II

The Tribunal determined that providing cabs on hire on a demand basis with charges based on a per kilometer rate does not constitute a 'rent-a-cab scheme ... Service of rent-a-cab - case of the appellant is that they are not renting a cab but only taxi on hire basis and charges are made for each paid depending on the distance of travel - issue is already settled by the Tribunal in the case of R. S. Travels v. CCE, in favour of appellant – therefore, held that appellant is not providing the service of rent-a-cab, therefore, the impugned order is set aside and the appeal is allowed Issues:Interpretation of the definition of 'rent-a-cab scheme operator's service' under section 65(91) of the Finance Act, 1994.Analysis:The issue in this case revolves around the interpretation of the definition of 'rent-a-cab scheme operator's service' under section 65(91) of the Finance Act, 1994. The Tribunal considered whether providing cabs on hire on a demand basis, where charges are based on a per kilometer rate, falls under the definition of a rent-a-cab scheme operator's service. The Tribunal analyzed the legislative history of the term, noting that it was brought under the service tax net in 1997 and underwent an amendment in 1998. The amendment expanded the definition to include any person engaged in the business of renting cabs. The Tribunal emphasized that the key factor in determining whether an activity falls under this definition is whether the cab is given to the client for a certain period in exchange for payment, with the client having control over the vehicle during the rental period.The Tribunal referred to previous decisions and highlighted that the essence of a rent-a-cab scheme involves giving the cab to the client for a specific period, with the client having control over the vehicle. In contrast, when a cab operator provides a cab with a driver on demand, charges based on distance, and retains control of the vehicle, it constitutes a transport service rather than a rent-a-cab scheme operator's service. The Tribunal emphasized that the test lies in whether the activity involves giving the cab to the client for a defined period with the client having control over the vehicle.Based on the analysis of the facts presented, the Tribunal concluded that the appellant was not providing the service of a rent-a-cab scheme operator. Therefore, the demand for service tax was set aside, and the appeal was allowed. The decision was made in line with the interpretation of the definition and the distinction drawn between a rent-a-cab scheme operator's service and a transport service provided on a per kilometer basis with the operator retaining control of the vehicle.