2005 (7) TMI 4 - AT - Service Tax

Summary

Issues: Appeal against setting aside service tax demand of Rs. 46 lakhs.

Summary:
The Appellate Tribunal CESTAT – Delhi heard the appeal by the Revenue challenging the setting aside of a service tax demand. The Commissioner (Appeals) had ruled in favor of the respondent, finding that the work contract entered into with M/s. Flex Chemicals Ltd. did not fall under the purview of service rendered by a 'Consulting Engineer'. The Commissioner (Appeals) based this decision on the nature of the contract and its essentiality to the execution of the work contract, following a precedent set by the Hon'ble CESTAT in a previous case. The Tribunal examined the details of the contract between the parties, which involved modifications and enhancements to the plant of Flex Chemicals Ltd. The Tribunal noted that the agreement was indeed a work contract, as correctly determined by the Commissioner (Appeals). The Commissioner (Appeals) had also referenced a previous Tribunal order in the case of Daelim Industrial Co. Ltd. v. CCE, Vadodara, which established that a work contract cannot be taxed as an engineering consultancy contract, even if it contains elements of such consultancy. The Tribunal agreed with the Commissioner (Appeals)'s interpretation and application of the precedent to the current case. Consequently, the Tribunal found no merit in the Revenue's appeal and rejected it.