2005 (7) TMI 610

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ORDER M/s. Panasonic AVC Networks India Co. Ltd., got into a collaboration agreement in 1993 with M/s. Matsushita Electric Industrial Co. Ltd. Japan in order to obtain technical know-how and training for the purpose of manufacturing Colour T.V. and Audio products. In terms of the agreement, in addition to lumpsum payment of Rs. 2 lakh US $, the Indian company was to make payment at the rate of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... provision of service tax lies in the payment for the services as agreed upon by the provider and the consumer . 3. We have perused the records and heard both sides. Consulting engineer and Taxable Service have been defined in the Finance Act as under :- Consulting Engineer means any professionally qualified engineer or an engineering firm who, either directly or indirectly, renders any .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... g engineer. The Commissioner was clearly in error in holding that date of payment for service is the relevant factor under the statute and not time of providing of service. 4. In the above factual and legal situation, the tax demand is not sustainable at all. The appeals of the parties are, accordingly, allowed. The appeals of the Revenue are not maintainable in view of our finding that no servi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X