2006 (10) TMI 503 - AT - Service Tax

Summary

Issues: Service Tax liability on payments made to foreign consultants prior to 16-8-2001.

Summary:
The Revenue appealed against the OIA No. 24/2004 dated 16-8-2004, where the Commissioner (Appeals) set aside the Service Tax raised by the Revenue under the category of Consulting Engineer. The assessee, a manufacturer of Petroleum products, had paid a significant amount in foreign currency to three Consultants based in France, USA, and Netherlands respectively during the period 1998-99 to 2001-2002. The Commissioner (Appeals) accepted the plea that amounts sent prior to 16-8-2001 could not be subjected to Service Tax as the liability to pay service tax in such cases shifted from the service provider to the service receivers only in August 2002. The lower authority's decision was based on the Contract Act, 1872, and the provisions of the Finance Act 1994, which govern the liability to pay service tax. The Commissioner (Appeals) found that the appellants were not authorized to pay taxes on behalf of the foreign consultants, and therefore, no tax liability could be imposed on them for the period before August 2002.

The learned Counsel cited precedents where similar issues were decided in favor of the assessees by various benches of the Tribunal. The Revenue's appeal was dismissed based on the fact that the demands of Service Tax were not sustainable before 16-8-2002 when the relevant rule was amended. The Tribunal upheld the Commissioner (Appeals)'s decision, noting that the amounts in question were transferred prior to the amendment date, aligning with the interpretation in previous cases. The Tribunal found no merit in the Revenue appeals and rejected them, confirming the decision of the Commissioner (Appeals) to drop the Service Tax demands on payments made to foreign consultants before 16-8-2001.