2018 (7) TMI 179 - AT - Service Tax

Service or manufacture? - The customers supplied the drawing for preparation of moulds, which are required to be used for the manufacture of forging - whether taxable under the category of design services or not? - Held that - It is observed that the design and drawing supplied by the customers have been utilized by way of design and preparation of the moulds within the factory. It is evident that the moulds are, in fact, prepared within the factory and the product came into existence in the factory and is liable to payment of excise duty if the same is cleared out of the factory. The activity undertaken by the appellant is nothing but the manufacture of moulds and hence levy of service tax on such amount under the category of design services under Section 65(105)(zzzzd) of the Finance Act, 1994, is not justified. Appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Appeal against Order-in-Original regarding liability of service tax on design charges under Section 65(105)(zzzzd) of the Finance Act, 1994.

Analysis:
1. Facts of the Case:
The appellant, engaged in manufacturing forged components, received drawing from customers for preparing moulds, with charges paid for the design of such moulds. The Department demanded service tax on these design charges under "design services."

2. Appellant's Argument:
The appellant argued that the design charges were paid for the manufacture of moulds, which are used in forging and eligible for excise duty exemption. They contended that since the activity amounted to manufacturing of moulds, service tax should not be levied.

3. Revenue's Argument:
The Revenue justified the demand, stating that the charges were for designing the moulds supplied by customers, making them liable for service tax under design services.

4. Tribunal's Decision:
After considering both sides and examining the record, the Tribunal found that the appellant utilized the design and drawings to prepare moulds within the factory. The moulds were used for manufacturing forging, eligible for excise duty exemption until cleared out of the factory. The Tribunal concluded that the activity amounted to manufacturing of moulds, not design services under Section 65(105)(zzzzd) of the Finance Act, 1994.

5. Precedents Considered:
The Tribunal referred to cases like M/s Metzeler Automotive Profiles India Pvt. Ltd. and M/s Ashok Iron Works Ltd., where similar situations were addressed, leading to the conclusion that design and development charges for tools used in manufacturing are not liable for service tax.

6. Final Verdict:
In line with the precedents and the analysis of the facts, the Tribunal set aside the demand for service tax on design charges, allowing the appeal. The decision was pronounced in the open court, emphasizing the manufacturing nature of the activity undertaken by the appellant.

This comprehensive analysis of the judgment highlights the key arguments, decision rationale, and legal precedents considered by the Tribunal in resolving the issue of service tax liability on design charges.