2012 (7) TMI 51 - AT - Service Tax

Consulting Engineering Services - demand of service tax along with penalty - Held that - As it is revealed that the appellant is the manufacturer of PVC lamination film and are not a Consulting Engineering Firm it is onus on the department to prove that the appellant has received this amount as Consulting Engineering Firm which the department has failed to prove - in favour of assessee.

Summary

Issues:
Appeal against demand of service tax under 'Consulting Engineering Services'.

Analysis:
The appellant, a manufacturer of PVC lamination film, rigid and flexible films, was in appeal against an order confirming the demand of service tax and penalties under the category of 'Consulting Engineering Services'. The appellant had shown amounts received for "Technical Consultancy" in their balance sheet for the financial years 1999-2000 and 2000-2001. The department issued a show-cause notice based on these amounts, alleging service tax liability. The appellant contested the notice, claiming not to be a Consulting Engineering firm, but both lower authorities upheld the demand.

Despite the appellant's absence and lack of adjournment requests, the case was heard. The Departmental Representative argued that the amounts received by the appellant for "Technical Consultancy" indicated liability for service tax as a consulting engineer. However, upon review, it was found that the appellant was solely a manufacturer and not a Consulting Engineering Firm. The department failed to prove that the amounts were received in the capacity of a Consulting Engineering Firm. Consequently, the impugned order was deemed without merit and set aside, allowing the appeal with consequential relief.

This judgment highlights the importance of establishing the nature of services provided to determine service tax liability accurately. The burden of proof lies with the department to demonstrate the specific capacity in which payments were received. In this case, the appellant's status as a manufacturer, not a consulting engineering firm, was pivotal in overturning the demand for service tax.