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TMI Blog2013 (1) TMI 658X X X X Extracts X X X X X X X X Extracts X X X X ..... rvices to be provided in future - Held that:- As neither there is service provided nor any consideration have been received. Moreover, supply of technical know-how cannot be taxed under "Consulting Engineering Service", therefore, the impugned orders are set side. In favour of assessee - ST/69, 70/2005 - 850-851/12 - Dated:- 30-7-2012 - Ashok Jindal And Mathew John, JJ. Appellant Rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the appellants admittedly have never rendered any service of transfer of technical know-how to M/s.Futura Polymers Ltd. But the appellants made a debit entry for the services to be provided in future, in their books of accounts and for creating entry in the books of accounts, the Revenue was of the view that the appellants are liable to service tax under the category of "Consulting Engineering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel and considered his submissions. 5. In this case, it is an admitted fact that the appellants have never provided any service and no consideration for the service have been received and during the period. The service tax was not payable for the 'service to be provided', as the demand is for the period prior to 16.06.2005. Therefore, as held by the Tribunal in the case of Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntry" as receipt of consideration is not retrospective in nature. Further, in the case of Commissioner Vs Molex (India) Ltd. reported in 2011 (24) S.T.R.50 (Kar.), the Hon'ble High Court has held that supply of technical know-how cannot be taxed under "Consulting Engineering Service". In view of these observations, we do not find any merit in the impugned orders, as neither there is service provid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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