2007 (6) TMI 108 - AT - Service Tax

Sinter plant project found to be a single turnkey/composite contract, not merely independent consultancy; consulting-only tax liability rejected

Whether the contract was a turnkey/composite contract or an independent consultancy: the tribunal examined the consortium agreement, scope of work and ... Consulting Engineer Service - Department contended that appellant had not executed work contract on turnkey basis but executed an independent contract and liable to pay service tax - Held that department contention was not correct and set aside Issues:1. Whether the appellant executed a work contract on a turnkey basis or an independent contract for engineering consultancy services.2. Whether the services rendered by the appellant fall under the category of consulting engineer services for the purpose of Service tax liability.Analysis:1. The appellant argued that they were part of a composite contract with a principal contractor to set up a sinter plant, and thus, did not execute an independent contract. They contended that the activities they carried out were integral to the turnkey project and were not solely for consulting engineering services. The appellant's obligations were outlined in the consortium agreement, and they were bound to fulfill contractual obligations as a member of the consortium. The scope of work described in the agreement indicated that the services were in line with the contract specifications of the principal contractor, emphasizing the interconnectedness of the activities with the turnkey project. The appellant relied on previous tribunal judgments to support their position.2. The JDR argued that the services provided by the appellant were indeed of a consulting engineer nature, as per the agreement's schedule, and the consideration was paid accordingly. However, upon reviewing the record, the Tribunal found that the appellant had received a substantial sum for various activities without a clear demonstration that these activities fell solely under consulting engineer services. The agreement with the principal contractor aimed to set up a sinter plant, and the appellant's role was not limited to consulting engineering but included other aspects essential to the turnkey project. The Tribunal concluded that the appellant, being part of a consortium executing a composite contract, was entitled to the benefits of previous judgments and was not solely liable for service tax as a consulting engineer. The activities carried out by the appellant encompassed designing, engineering, supervision, performance guarantees, and post-commissioning services, aligning with the broader objectives of the turnkey project.In conclusion, the Tribunal allowed the appeal, ruling in favor of the appellant based on the comprehensive analysis of the contractual obligations, the nature of services rendered, and the interconnectedness of the activities with the turnkey project.