2007 (2) TMI 136 - AT - Service Tax

Consulting Engineer service - Appellant is a foreign company provided technical know-how to Indian recipient in return of royalty and revenue demanded service tax from the appellant under CES - Held that demand not sustainable and set aside

Summary

Issues involved:
1. Recovery of Service Tax on technical know-how provided under "Consulting Engineer Services" category.
2. Commissioner's refusal to accept Tribunal judgments on the issue.
3. Appeal for setting aside the impugned order and granting consequential relief.

Analysis:

Issue 1: Recovery of Service Tax on technical know-how under "Consulting Engineer Services" category
The appellant, a Japanese company, provided technical know-how to M/s. BST Limited for manufacturing audio products. The Revenue sought to recover Service Tax on the amounts received by the appellant for the period 1-4-2000 to 31-3-2002 under the category of "Consulting Engineer Services". The Tribunal, in a previous case, held that such activity and royalty payment for transfer of services do not fall within the ambit of "Consulting Engineer Services". However, the Commissioner did not accept this view and proceeded with the recovery.

Issue 2: Commissioner's refusal to accept Tribunal judgments
The appellant argued that the Commissioner was bound by the Tribunal judgments on the issue and could not take a different view. The learned Chartered Accountant emphasized that the issue had been conclusively settled by the Tribunal judgments, and hence, the appeal should be allowed.

Issue 3: Appeal for setting aside the impugned order
After considering the submissions, the Tribunal found that the judgments cited by the appellant had settled the issue. It was noted that similar appeals on this point had been decided in the assessee's favor, as evidenced by various judgments, including those in the cases of M/s. Daylight Electronics Pvt. Ltd. and Shore to S/tore MIS. Pvt. Ltd. The Tribunal concluded that the Commissioner's order was not legal and proper, and therefore, set it aside. The stay application and appeal were allowed in light of the decided judgments cited, with consequential relief granted if necessary.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented by the parties, and the Tribunal's decision based on relevant legal precedents and settled principles in similar cases.