2007 (9) TMI 121 - AT - Service Tax

All activities of designing, erection etc. fall under the scope of Consulting Engineer Service Appellant s contention that they are only a manufacturing firm and hence not liable to pay tax is unsustainable as highly professional engineers are employed to execute the work Demand sustainable

Summary

Issues Involved:
1. Classification of services rendered by the appellant as 'Consulting Engineer Services.'
2. Applicability of Service Tax on the services rendered.
3. Validity of penalties imposed under Sections 76 and 77 of the Finance Act, 1994.

Issue-wise Detailed Analysis:

1. Classification of Services Rendered as 'Consulting Engineer Services':

The appellants, engaged in manufacturing Heavy Duty Transformers and their parts, argued that their services should not be classified as 'Consulting Engineer Services.' They contended that their relationship with clients was contractual, and they acted as contractors executing various works, not as consulting engineers. However, the Tribunal examined the nature of services rendered, such as design, engineering, supervision, and training, and concluded that these activities fall within the scope of 'Consulting Engineer Services' as defined by the CBEC Circular dated 2-7-1997. The Tribunal referenced the invoices raised by the appellants, which detailed charges for design, engineering services, supervision, and training, affirming that these services were indeed consulting engineering services.

2. Applicability of Service Tax:

The appellants resisted the Service Tax demand, arguing that the cost of design, drawing, and engineering was included in the cost of the transformers, on which they had already paid Central Excise duty. They relied on the Daelim Industrial Co. Ltd. case, which held that a work contract cannot be vivisected to charge Service Tax on each component. However, the Tribunal found that the services provided by the appellants were separately charged and invoiced, indicating a divisible contract. The Tribunal cited the case of CCE, Raipur v. BSBK P. Ltd., which held that separate billing for designing and engineering services constitutes a divisible contract, making it subject to Service Tax. Therefore, the Tribunal upheld the applicability of Service Tax on the services rendered by the appellants.

3. Validity of Penalties Imposed:

The Commissioner, in his Order-in-Revision, imposed an equal penalty on the appellants under Sections 76 and 77 of the Finance Act, 1994, for contravening provisions of Sections 68, 69, and 70 of the Finance Act, 1994, and Rules 4, 6, and 7 of the Service Tax Rules, 1994. However, the Tribunal, considering that the appellants had consistently contested the levy of Service Tax and that the Deputy Commissioner had initially ruled in their favor based on the Daelim case, found the imposition of equal penalty unjustified. The Tribunal noted that the issue involved interpretation and the appellants were a government unit, thus setting aside the penalty while upholding the Service Tax demand.

Conclusion:

The Tribunal concluded that the services rendered by the appellants fall within the scope of 'Consulting Engineer Services' as clarified by the CBEC Circular of 1997. The appellants' contention that they were only a manufacturing firm and not liable for Service Tax was rejected. The Tribunal upheld the impugned orders with a modification to set aside the equal penalty imposed in the Order-in-Revision. The appeals were disposed of accordingly.