2007 (1) TMI 506 - AT - Service Tax

Summary

Issues:
- Whether the agreement between Hero Honda Motors and Honda Motors of Japan for the manufacture of motorcycles involves consulting engineer services subject to service tax.
- Whether the payments made by Hero Honda Motors to Honda Motors of Japan in terms of running royalty and model fee are liable to service tax.

Analysis:
1. The primary issue in this case was whether the agreement between Hero Honda Motors and Honda Motors of Japan for the manufacture of motorcycles involved consulting engineer services subject to service tax. The agreement granted Hero Honda an exclusive right and license to manufacture motorcycles using technical information provided by Honda Motors. The impugned order demanded service tax on the royalty paid, considering the agreement as essentially for consulting engineer services. The Tribunal examined previous cases involving similar issues and found that the relationship between the parties was that of licensor and licensee for the transfer of intellectual property rights. The Tribunal concluded that even if a portion of the service had characteristics of consulting, quantification of that component was not available in the order, making it impossible to allocate a part of the demand towards consultation. The Tribunal emphasized the need for clarity in legal positions when conflicting decisions exist.

2. The second issue revolved around whether the payments made by Hero Honda Motors to Honda Motors of Japan in terms of running royalty and model fee were liable to service tax. The appellant sought a stay on the payments and penalties as per the impugned order. The Tribunal considered the submissions of both parties and noted that previous Tribunal decisions in similar cases had held that the transfer of license to manufacture and the granting of technical information did not fall under the category of consulting engineer services subject to service tax. The Tribunal also referred to a case where part of the service received under an agreement was deemed consulting service and subject to service tax. However, in the present case, the Tribunal determined that the entire relationship between the parties was not that of consulting engineer services, but rather a transfer of intellectual property rights. Consequently, the Tribunal allowed the stay application, waived the requirement for pre-deposit, and stayed the recovery until the appeal's disposal.