2007 (5) TMI 75 - AT - Service Tax

Tribunal overturns Commissioner's decision on royalty payment, clarifies Consulting Engineer scope

The Tribunal set aside the Commissioner's decision and allowed the appeal, emphasizing that payment of royalty for technical transfer/information does not ... Consulting Engineer - Revenue contended that appellant had received technical transfer/information from a foreign company and he pay royalty and accordingly liable to pay service tax under Consulting Engineer Services - Held that revenue contention is not correct Issues:- Interpretation of payment of royalty for technical transfer/information under the category of Consulting Engineer.- Commissioner's refusal to follow settled judgments on the issue.Analysis:1. Interpretation of payment of royalty for technical transfer/information under the category of Consulting Engineer:The appellants in this case received technical transfer/information from a foreign company under a contract. The Revenue considered the payment of royalty to the company to fall within the scope of Consulting Engineer. However, the Tribunal, citing various judgments such as Navinon Ltd. v. CCE, Mumbai-IV and SKF India Limited v. CST, Bangalore, has consistently held that payment of royalty for the transfer of technology/information does not come under the purview of Consulting Engineer. Despite the settled nature of this issue in previous judgments, the Commissioner in this case refused to follow the established legal precedent. The Tribunal found no merit in the Commissioner's decision and set aside the impugned order, allowing the stay application and the appeal.2. Commissioner's refusal to follow settled judgments on the issue:The Tribunal expressed surprise at the Commissioner's refusal to adhere to the established judgments that clearly determined that payment of royalty for technology transfer should not be categorized under Consulting Engineer. The Tribunal noted that the Commissioner's decision to take a different view despite the presence of clear legal precedent in the form of earlier judgments was unwarranted. Consequently, the Tribunal found the impugned order lacking in merit and overturned it, emphasizing the importance of following established legal principles and precedents in such matters.This comprehensive analysis highlights the key issues addressed in the judgment, focusing on the interpretation of royalty payments for technical transfer/information and the Commissioner's deviation from settled legal precedents on the matter.