2011 (5) TMI 130 - AT - Service Tax

Demand - Consulting Engineer - circular No. 79/9/2004-ST, dated 13-5-2004 - This rule of ejusdem generis reflects an attempt to reconcile incompatibility between the specific and general words in view of the other rules of interpretation that all words in a statute are given effect if possible, that a statute is to be construed as a whole and that no words in a statute are presumed to be superfluous - it was under bona fide belief that the activities carried out by it being supply of manpower for commissioning or installation and that of imparting training, will not be covered by the activities of Consulting Engineer as per the definition contained in Chapter 5 of Finance Act, 1994 - Decided in the favour of the assessee

Summary

Issues:
1. Whether the activities provided by the appellant fall under the definition of 'Consulting Engineer' services for levying Service Tax.
2. Whether the demand for Service Tax is within the time limit.

Analysis:

Issue 1:
The case involved M/s Indian Petrochemicals Corporation Ltd. (now M/s Reliance Industries Ltd.) entering into a contract with M/s Haldia Petrochemicals Ltd. to provide services for pre-commissioning, commissioning operation, and maintenance by deploying qualified manpower. The dispute arose when the Revenue claimed that these activities fell under the definition of 'Consulting Engineer' services for Service Tax purposes. The key question was whether the services provided qualified as 'advice', 'consultancy', or 'technical assistance' as defined in the relevant provisions of the Finance Act, 1994. The Tribunal analyzed the agreement between the parties, legal definitions, and precedents to conclude that the deputation of manpower and activities undertaken did not align with the characteristics of services provided by a 'Consulting Engineer'. The Tribunal referred to legal decisions and emphasized that activities like erection, commissioning, and training did not fall under the purview of 'Consulting Engineer' services.

Issue 2:
Regarding the time limit for demanding Service Tax, the appellant argued that they believed in good faith that their activities were not covered under 'Consulting Engineer' services as per the law. The Tribunal examined the principles laid down by the Hon'ble Supreme Court regarding the invocation of the extended period for tax demands. It was established that mere failure to pay duty or disclose information does not automatically imply fraud or suppression of facts. As there was no evidence of deliberate suppression or intent to evade payment, the Tribunal held that the extended period could not be invoked in this case. Consequently, the impugned order demanding Service Tax was set aside, and the appeal was allowed in favor of the appellant.