2013 (11) TMI 256 - AT - Service Tax

Service Tax Intellectual Property Services Transfer of technical know-how Consulting Engineer s Service - demand of service tax on royalty - Held that - supply of technical know-how and technical assistance does not come under the purview of Consulting Engineer s Service and such services merit classification under IPR service - Commissioner is right in coming to the conclusion that the services rendered does not merit classification under Consulting Engineer s Service - Decision in the case of ARACO CORPORATION versus COMMISSIONER OF CENTRAL EXCISE, BANGALORE 2004 (10) TMI 16 - CESTAT (BANGALORE) followed - Decided in favor of assessee.

Summary

Issues:
Classification of services under "Consulting Engineer's Service" or IPR Service for the period 1997 to 2001.

Analysis:
The appeal was filed by the Revenue against the Order-in-Appeal passed by the Commissioner of Central Excise (Appeals), Pune. The case involved an agreement between M/s. Kirloskar Oil Engines Ltd. and M/s. Swaraj Engines Ltd. for the supply of technical know-how and assistance for the manufacture of oil engines. The Revenue contended that the transaction attracted service tax liability under "Consulting Engineer's Service." A notice was issued to the respondent demanding service tax, interest, and penalties. The lower appellate authority concluded that the service did not fall under "Consulting Engineer's Service" but should be classified under IPR services, which came under the tax net in 2004. Consequently, the lower appellate authority allowed the appeal, leading the Revenue to appeal to the Tribunal.

The Revenue argued in their appeal memorandum that the lower appellate authority had relied on previous Tribunal decisions, which were under challenge before the High Court. The respondent, although not present, filed a cross objection stating that the agreement was for the transfer of the right to use the trademark and patent, thus falling under IPR Service. They cited Tribunal decisions supporting their position. After considering the submissions and cross objection, the Tribunal noted that in numerous previous decisions, it was established that the supply of technical know-how and assistance did not fall under Consulting Engineer's Service but should be classified under IPR service.

Based on the precedent set by previous decisions, the Tribunal upheld the lower appellate authority's decision that the services provided did not merit classification under Consulting Engineer's Service. Consequently, the Tribunal dismissed the Revenue's appeal and disposed of the cross objection. The judgment was dictated in court by the Tribunal.