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Issues Involved: Appeal against Service Tax demand u/s 73 of the Finance Act, 1994 for repair services provided by a machinery manufacturer.
Summary: The appeal before the Appellate Tribunal CESTAT Mumbai was directed against Order-in-Appeal No. BR (16) 16/STC/2005, dated 29-7-2005 passed by the Commissioner of Central Excise (Appeals), Mumbai Zone-I. The appellant, M/s. M.L. Shah & Co. (Machinery) Pvt. Ltd., Thane, manufacturers of stone processing machines and electrical panels, provided repair services for machines and parts supplied to customers during 1998-99 to 2002-03. The department contended that the service fell under 'Consulting Engineers Service' and issued a show cause notice demanding Service Tax of Rs. 26,641/- u/s 73 of the Finance Act, 1994, along with interest and proposed penalties. The notice was adjudicated, confirming the Service Tax demand, interest, and penalties under various sections of the Finance Act. The lower appellate authority dismissed the appeal, leading the appellant to approach the Tribunal. Upon review, the Tribunal noted that the appellant's activity of servicing/repairing machines did not fall under the definition of 'Consulting Engineer' as per Section 65(31) of the law. The appellant, being a machinery manufacturer, was not an engineering firm providing consultancy or advice, thus not meeting the criteria of 'Consulting Engineer's Service'. Consequently, the Tribunal set aside the impugned order and allowed the appeal with any consequential relief. Therefore, the Tribunal ruled in favor of the appellant, determining that the repair services provided by the machinery manufacturer did not qualify as 'Consulting Engineer's Service' under the law, thereby overturning the Service Tax demand and associated penalties.
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