Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
The appellant contested the service tax demand on trade discounts and incentives received from Tata Motors Limited for promoting or marketing vehicles. The Tribunal held that the transaction between the appellant and Tata Motors Limited was a pure sale and purchase of cars, with the trade discount deducted from the sale value. The Tribunal reiterated that trade discounts or incentives given by car manufacturers to dealers in the course of vehicle sales do not constitute a service, and hence, no service tax is payable. Even under the negative list regime post-Finance Act, 1944, the sale of goods through transfer of title is excluded from service tax. Relying on a Division Bench decision in Infinium Motors case, the Tribunal ruled that trade incentives or discounts are not liable to service tax as they are connected to the purchase and sale of vehicles, not any service. Consequently, the Tribunal set aside the impugned order and allowed the appeal.
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