2007 (5) TMI 143 - AT - Service Tax

Service Tax Appeal Rejected for Technical Know-How Fee Payment to French Company

The Tribunal rejected the revenue's appeal regarding the payment of technical know-how fee to a French Company during 2002-03, stating that the service ... Scientific and technical consultancy service – Since the service was rendered before 16-07-2001 (date of which service tax levied on such service) – Held that demand is not sustainable and the same is set aside Issues:1. Whether service tax was payable on technical know-how fee paid to a French Company during the year 2002-03.Analysis:The appeal by the revenue argued that the technical know-how fee paid to the French Company should attract service tax as 'Scientific and Technical Consultancy Service.' The contention was based on the premise that the payment fell under the category of taxable services. However, the respondent's counsel highlighted that the appeal did not challenge the specific finding of the Commissioner in their order, which stated that the service was provided prior to the introduction of service tax on such services. The Commissioner observed that there was no evidence to prove that any scientific or technical services were provided during the relevant period. The counsel emphasized that the service agreement dated back to 1990, well before the introduction of the service tax, and therefore, no tax demand should be applicable due to the prospective nature of the levy introduced in 2001.In the Tribunal's decision, it was noted that the levy of service tax on 'scientific or technical consultancy' services was prospective in its operation. Referring to a previous case, the counsel pointed out that the Tribunal had accepted the prospective nature of the levy. The Tribunal, in this case, rejected the revenue's appeal on the grounds that the service in question was rendered before the tax was imposed on Scientific or Technical Consultancy Service. Therefore, the merit of the contentions in the revenue's appeal was deemed irrelevant due to the timing of the service provided, which predated the introduction of the service tax on the specific category.Overall, the Tribunal's decision was based on the understanding that the levy of service tax on Scientific and Technical Consultancy Service was prospective, and as the service in question was provided before the imposition of the tax, no levy was attracted in this instance. The rejection of the appeal was primarily due to the timing of the service provided, which fell outside the period when the tax was imposed on such services.