2007 (1) TMI 3 - AT - Service Tax

Consulting Engineering Services- Alleged that the assessee is covered under Engineering Services- After considering all the fact adjudicating authority decision made in favour of assessee.

Summary

Issues:
Whether the respondent is liable to pay Service Tax on licence fees recovered under the Services of "Consulting Engineering" under the provisions of Finance Act, 1994.

Analysis:
The appeal was filed by the Revenue concerning the liability of the respondent to pay Service Tax on licence fees collected for "Consulting Engineering" services as per the Finance Act, 1994. The Revenue argued that the definition of "Consulting Engineer" under Section 65(18) includes professionals providing advice or technical assistance in engineering disciplines. They contended that the licence fees collected by the respondent for using patented technology constitute services provided by a Consulting Engineer. The Revenue highlighted the agreement between the respondent and a German company, where the licence granted allowed the use of patented technology exclusively in India for a fee, which they considered as technical expertise or assistance covered under Consulting Engineering services.

The respondent, on the other hand, argued that they had already been charged for the technology licence and were not providing any services, hence should not be liable for Service Tax. They emphasized that the agreement was for obtaining licence rights to use patented technology for manufacturing steel rebars, and the client was responsible for providing necessary conditions for installing the technology. However, upon examination of the agreement and records, it was revealed that the respondent had agreed to be an Engineering Company in collaboration with the patent holders of the technology. The agreement detailed the services provided, including engineering assistance, supervision of installation, and use of trademarks, for which a price was charged. The Commissioner (Appeals) incorrectly ruled that the respondent was not engaged in Engineering Services, contrary to the agreement terms and the nature of services provided.

Ultimately, the Tribunal overturned the decision of the Commissioner (Appeals) and upheld the order passed by the adjudicating authority. The Tribunal found that the respondent was indeed providing Engineering Services as per the agreement and purchase order, thus making them liable to pay Service Tax on the licence fees collected. The appeal filed by the Revenue was allowed, emphasizing the inclusion of the respondent's activities under Consulting Engineering services as defined in the Finance Act, 1994.