2007 (5) TMI 30 - AT - Service Tax

Taxability Alleged that appellant services like erection, installation & commissioning covered under Consulting Engineer Service Appellant demanded for waiver for pre-deposit on the basis of the said services not covered under Consulting Engineer Service

Summary

Issues Involved:
1. Whether services like "Erection, Installation, & Commissioning" rendered by the applicant to specific entities are liable to be taxed under Service tax despite being Turn Key projects.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Ahmedabad, pertains to a stay directed against an order confirming Service tax demand and penalties on the appellant. The issue at hand revolves around determining the taxability of services provided by the applicant for turn-key projects. The advocate for the applicant argues that the contract in question is for turn-key projects and should not be subject to Service tax. Reference is made to a previous Tribunal order in a similar situation, which held that turn-key contracts for execution are not covered under Consulting Engineering Services. Additionally, the inclusion of works contract services as taxable in the Finance Bill of 2007 is highlighted, suggesting that these services may not have been taxable before. Notably, in a related case involving SEPCO Electric Power Corporation, the Tribunal granted an unconditional stay, further supporting the argument for waiver of pre-deposit in this case.

The Tribunal, after hearing submissions from both sides and examining the records, finds that the applicant has presented a strong prima facie case for the waiver of pre-deposit of the amounts in question. Consequently, the application for waiver of pre-deposit is allowed, and the recovery of the amounts is stayed pending the appeal's disposal. Given the significant stakes involved, the Tribunal directs the Registry to prioritize the appeal for an out-of-turn hearing on a specified date. The judgment underscores the importance of considering the nature of contracts, relevant legal provisions, and precedents in determining the taxability of services in cases involving turn-key projects, especially in light of legislative changes impacting such services.