2007 (12) TMI 53 - AT - Service Tax

Building contractors - turnkey contract - appellants executing works contracts awarded by their clients by using their own machinery, materials, human resources and money - works were executed on the basis of the approved plan and design furnished by the client - Revenue has not brought out any advice, consultancy or technical assistance so impugned activity not taxable under Consulting Engineer

Summary

Issues:
Interpretation of works contract as a taxable service under the Finance Act, 1994.

Analysis:
The case involved a dispute regarding the taxability of works contracts undertaken by building contractors between 2001 to 2003-04. The department had demanded service tax on the gross value of payments received by the contractors during this period, invoking the extended period of limitation under the Finance Act, 1994. The main contention of the appellants was that works contract was not a taxable service during the relevant period and only became taxable from 1-6-2007 after the enactment of the Finance Act, 2007. The appellants argued that prior to this date, no service tax could be levied on amounts collected by works contractors. The Tribunal considered the definition of "Consulting Engineer" under Section 65(13) of the Finance Act, 1994, which required the rendering of advice, consultancy, or technical assistance by a professionally qualified engineer to a client in one or more disciplines of engineering. The Tribunal found that the appellants did not provide such services to their clients and were primarily engaged in executing works contracts using their own resources without offering engineering advice. Therefore, the demand for service tax, interest, and penalties imposed by the Commissioner was deemed unjustified. The Tribunal held that the works contract did not fall under the category of taxable service during the period in question and allowed the appeal, setting aside the impugned order.

This judgment clarifies the scope of taxable services under the Finance Act, 1994, specifically in relation to works contracts undertaken by building contractors. It emphasizes the requirement for the provision of engineering advice, consultancy, or technical assistance by professionally qualified engineers to classify a service as "Consulting Engineers Service." The decision highlights that merely executing works contracts without offering such services does not attract service tax liability. The Tribunal's analysis underscores the importance of considering the specific activities and qualifications involved in determining the taxability of services under the relevant legislation.