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Service Tax - Highlights / Catch Notes

Home Highlights January 2013 Year 2013 This

Consulting Engineering Services v/s Scientific and Technical ...

Service Tax

January 15, 2013

Consulting Engineering Services v/s Scientific and Technical Consultancy Service - Scientific or Technical Consultancy was brought under Service Tax net with effect from 16.7.2001 - Demand before 16-7-2007 under the category CES is not sustainable. -HC

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  1. Classification - Annual technical support fee - Consulting Engineers' Service or Intellectual property services (IPR) - not taxable as consulting engineer's service - AT

  2. Demand - supply of technical know-how cannot be taxed under "Consulting Engineering Service" - AT

  3. Refund of cenvat credit - Export of services are not - providing 'scientific and technical consultancy service' to clients located outside India - place of performance...

  4. consulting engineering services - Well defined meaning given by the law does not bring the present technical institute to be engineering consultant..... - AT

  5. Scientific or technical consultancy service - The assessee is manufacturer of excisable goods and they are not Scientist or Technocrat or any science or technology...

  6. Demand of service tax - Transfer of intellectual property right - Hdemand under ‘scientific and technical service' is not sustainable hence set aside - AT

  7. Refund claim – SEZ unit - approval list - refund allowed in respect of services of Scientific and Technical Services - AT

  8. Transfer of technical know-how – Royalty - Commissioner is right in coming to the conclusion that the services rendered does not merit classification under Consulting...

  9. Valuation - technical knowhow, drawing and design fee and engineering services fee, are not includable in the transaction value of the imported goods - AT

  10. Scientific and technical consultancy service - the essential character of the service rendered by the appellant is scientific and technical consultancy service and the...

 

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