2008 (1) TMI 352 - AT - Service Tax

Appellants selling technical know how in the form of designs/drawing, software/CAD/CAM etc. revenue contend that they rendered taxable service which amount to the service of consulting engineer - In view of decision of Supreme Court in the case of Associated Cement Companies Ltd. v. CC, it is held that technical consultancy sold cannot be treated as service of consulting engineer hence stay is granted

Summary

Issues:
1. Requirement of pre-deposit of service tax amount and penalties under various sections.
2. Nature of services provided by the appellant - consulting engineer services or technical consultancy services.
3. Interpretation of relevant legal precedents - applicability of Supreme Court decision in the context of customs duty to the imposition of service tax.
4. Decision on the pre-deposit made by the appellant and waiver of balance tax and penalties pending final appeal.

Analysis:
1. The judgment dealt with the requirement for the appellant to pre-deposit a specific amount of service tax along with penalties imposed under different sections of the Finance Act, 1994. The total pre-deposit amount was Rs. 25,92,500, with penalties of Rs. 51,85,000 under Section 76, Rs. 1000 under Section 77, and Rs. 500 under Section 75A.

2. The appellant, engaged in the manufacture of two-wheeler motorcycle parts and accessories, was alleged to have provided taxable services during the relevant period. The appellant contended that the services rendered were related to technical know-how in the form of designs, drawings, and software, which did not qualify as services of a consulting engineer. Citing the Supreme Court decision in Associated Cement Companies Ltd. v. CC, the appellant argued that the technical consultancy provided did not fall under the category of consulting engineer services.

3. The dispute arose regarding the interpretation of legal precedents, specifically the applicability of the Supreme Court decision cited by the appellant. The Departmental Representative (DR) argued that the reliance on the Supreme Court decision was misplaced as it pertained to customs duty and not service tax, which was not imposed during the relevant period. The Tribunal carefully considered the issue and found that the appellant's case aligned with both Tribunal decisions and the Supreme Court ruling, indicating that the technical consultancy provided did not constitute services of a consulting engineer.

4. After thorough consideration, the Tribunal decided that the amount already deposited by the appellant could be treated as a pre-deposit, and the balance of tax and penalties were waived pending the final decision on the appeal. The recovery of the remaining service tax and penalties was stayed until further orders, with the matter scheduled for final hearing at a later date. The judgment was dictated and pronounced in open court, providing clarity on the pre-deposit requirement and the waiver of balance tax and penalties pending appeal.