2006 (8) TMI 88 - AT - Service Tax

Tribunal rules services as Consulting Engineer, not Management Consultant. Review proceedings unauthorized.

The Tribunal ruled in favor of the appellant, determining that the services provided were akin to Consulting Engineer services, not Management Consultant ... Consulting Engineer Services – Contended that the activity of the appellant would fall under “Management Consultant” – Authority declared contention is not right and the activity of appellant falls under “Consulting Engineer Services” Issues:1. Whether the appellant rendered services as 'Management Consultant' for a specific period under the Finance Act, 1944.2. Jurisdiction of the Commissioner to review the order of the Tribunal under Section 84 of the Act.Issue 1 - Services as 'Management Consultant' under Finance Act, 1944:The Commissioner confirmed that the appellant provided services as a 'Management Consultant' during the relevant period, leading to the imposition of Service Tax, interest, and penalties under various sections of the Finance Act, 1994. The appellant challenged this categorization, arguing that the order of the Assistant Commissioner merged with the Tribunal's order, making the Commissioner's review proceedings unauthorized. The appellant relied on the case of Birla Yamaha Ltd. v. CCE, Ghaziabad to support their position that the sale of software constitutes the sale of goods, not services.Issue 2 - Jurisdiction to review Tribunal's order under Section 84 of the Act:The appellant contended that the Commissioner's review under Section 84 was without jurisdiction, as the Tribunal had already determined the appellant's services as Consulting Engineer in a previous case. The Tribunal affirmed that the services provided by the appellant fell under Consulting Engineer services, as per the Finance Act, 1994. Consequently, the Tribunal allowed the appeal, setting aside the impugned order of the Commissioner of Service Tax.In conclusion, the Tribunal upheld the appellant's argument that the services rendered were akin to Consulting Engineer services, not Management Consultant services, as determined by the Commissioner. The Tribunal found the Commissioner's review proceedings unauthorized and set aside the impugned order, providing consequential relief to the appellant.