2018 (3) TMI 926 - AT - Service Tax

Import of service - Technical Inspection & Certification Services - reverse charge mechanism - services used in the manufacture of goods exported - On receipt of Certificate of Testing, Manufacturer used to affix Certification Mark on the goods manufactured and exported by them - Held that - it is an undisputed fact that the Services received by the Manufacturer are classified as Technical Inspection & Certification Services by Revenue and the same are covered under Section 65(105) (zzi) of the Finance Act, 1994 - in the case of M/s Roha Dyechem Pvt. Ltd. 2017 (8) TMI 1231 - CESTAT MUMBAI , the issue involved was about the Testing & Certification under Technical Inspection & Certification Services performed in U.S.A. and certificate being used in India and it was held by this Tribunal that merely because appellant receiving service in India does not mean service was partly performed in India and therefore, service was covered under Rule 3(ii) of Taxation of Services (Provided from Outside India and Received in India) Rules, 2006 and hence, were not taxable under Section 66A of the Finance Act, 1994. Manufacturer was not required to pay Service Tax demanded - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Classification of services as "Technical Inspection & Certification Services" under the Finance Act, 1994.
2. Liability of the Manufacturer to pay Service Tax on services received.
3. Interpretation of Rule 3(ii) of Taxation of Services (Provided from Outside India and Received in India) Rules, 2006.
4. Applicability of Section 66A of the Finance Act, 1994 on the services received.
5. Reduction of penalties under Section 80 of the Finance Act, 1994.

Issue 1: Classification of services as "Technical Inspection & Certification Services" under the Finance Act, 1994:
The case involved determining whether the services received by the Manufacturer fell under the category of "Technical Inspection & Certification Services" as defined under Section 65(105) (zzi) of the Finance Act, 1994. The Revenue contended that the services provided by M/s Quay Brake Testing Ltd. for E-Mark certification were taxable. The Tribunal examined the nature of the services and relied on a previous decision to conclude that the Manufacturer was not liable to pay Service Tax as demanded through the Show Cause Notice.

Issue 2: Liability of the Manufacturer to pay Service Tax on services received:
The Manufacturer, engaged in manufacturing and exporting non-asbestos brake pad/discs, received services for E-Mark certification from an agency in the United Kingdom. The Revenue alleged that these services fell under the purview of taxable services, necessitating the payment of Service Tax. The Tribunal analyzed the facts and held that the Manufacturer was not obligated to pay the Service Tax demanded in the Show Cause Notice.

Issue 3: Interpretation of Rule 3(ii) of Taxation of Services (Provided from Outside India and Received in India) Rules, 2006:
The Tribunal considered Rule 3(ii) of the Taxation of Services Rules to determine the taxability of services provided from outside India but received in India. By referencing a precedent decision, the Tribunal clarified that services received in India did not automatically imply that the services were partly performed in India, thus not making them taxable under Section 66A of the Finance Act, 1994.

Issue 4: Applicability of Section 66A of the Finance Act, 1994 on the services received:
The case revolved around whether the services received by the Manufacturer were subject to Section 66A of the Finance Act, 1994. The Tribunal, drawing on a previous ruling, determined that the services in question were not taxable under Section 66A, thereby relieving the Manufacturer from the Service Tax liability as per the Show Cause Notice.

Issue 5: Reduction of penalties under Section 80 of the Finance Act, 1994:
The Tribunal addressed the issue of penalties imposed on the Manufacturer under Sections 77 and 78 of the Finance Act, 1994. While the Commissioner (Appeals) had reduced the penalties, the Tribunal upheld the reduction under Section 80 of the Finance Act, 1994. The Manufacturer's appeal was allowed, and the Revenue's appeal was dismissed, granting consequential relief to M/s Allied Nippon Ltd. as per the law.

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