2014 (9) TMI 114 - AT - Service Tax

Waiver of pre-deposit of tax - Design Service - dispute relates to the charges received by the applicant from the manufactures of motor vehicles, for design and development of Piston set/assemblies, which were used in the manufacture of Piston/Piston Rings - Held that - In the case of Metzeler Automotive Profiles India (P) Ltd. (2005 (3) TMI 595 - CESTAT, NEW DELHI) as relied by the applicant, the value of tools was included in the value of the final products, which was cleared on payment of Central Excise Duty. In the present case, the value of tools was not included in the final products, so the said case law would not apply in the present case. We have noted that this is a separate transaction for design and development of tools. It is also noted that the applicant had not claimed these tools as capital goods under Central Excise law. Prima facie, we find that demand of tax on design and development of tools would be justified - Partial stay granted.

Summary

Issues:
1. Whether the charges received for design and development of tools related to Piston/Piston Rings are liable to service tax under "Design Service"?
2. Whether the applicant is required to pre-deposit the tax amount along with interest and penalty?

Analysis:
Issue 1: The applicant, engaged in manufacturing Piston/Piston Rings for Petrol and Diesel Engines, received charges for design and development of tools used in the manufacture of Piston/Piston Rings. The dispute arose regarding the tax liability under "Design Service." The adjudicating authority and Commissioner (Appeals) confirmed the tax demand. The applicant argued that the tools should be treated as capital goods and that since they were used in the manufacture of goods cleared on payment of Central Excise duty, service tax should not be applicable. The applicant relied on a Tribunal decision in a similar case. However, the Tribunal found that the charges were for design and development of tools, falling under the definition of "Design Service," which includes designing of industrial production. The Tribunal distinguished the present case from the precedent cited by the applicant, as the value of tools was not included in the final products cleared with Central Excise Duty, making the demand for tax on design and development of tools justified.

Issue 2: After considering both sides and reviewing the records, the Tribunal directed the applicant to pre-deposit a sum of Rs. 75,000 within four weeks. Upon this deposit, the pre-deposit of the balance amount of adjudged dues would be waived, and the recovery stayed until the appeal's disposal. The applicant was required to report compliance by a specified date.

In conclusion, the Tribunal upheld the tax demand on the charges for design and development of tools related to Piston/Piston Rings under "Design Service" and directed the applicant to make a specified pre-deposit to proceed with the appeal process.