2008 (6) TMI 158 - AT - Service Tax

CESTAT Chennai upholds Indian company's service tax liability under foreign tech transfer agreement with penalty reduction.

The Appellate Tribunal CESTAT CHENNAI upheld the liability of an Indian company to pay Service tax on behalf of a US entity under a Foreign Technology ... Foreign Technology Transfer Agreement - appellant submits that Sri Bruce E. Gelb, who had authorized the Indian company to contest the demand of Service tax and proposal to impose penalties, on behalf of M/s. B.E. Gelb Consulting Services (USA), is no more, so, the appeal has to be treated as having abated in terms of CESTAT (Procedure) Rules, 1982 – held that appellant is required to produce death certificate and licence or other documents issued by governmental authority in US Issues:1. Liability of an Indian company to pay Service tax on behalf of a US party.2. Abatement of appeal due to the demise of the authorized representative.3. Discrepancy in the name of the US party in the Agreement.Analysis:1. The appeal before the Appellate Tribunal CESTAT CHENNAI involved the liability of an Indian company, represented by M/s. L.G. Balakrishnan & Brothers Ltd., to pay Service tax on behalf of M/s. B.E. Gelb Consultancy Service, a US entity. The original authority had demanded Service tax, interest, and penalties from the Indian company under Sections 73(a), 75, 76, and 77 of the Finance Act, 1994. The issue arose from a Foreign Technology Transfer Agreement between the Indian and US parties. The original authority held the Indian company liable to pay the Service tax on behalf of the US party, a decision upheld by the appellate authority with a reduction in penalty.2. The counsel for the appellant brought to light the demise of Sri Bruce E. Gelb, the authorized representative of M/s. B.E. Gelb Consulting Services (USA). The counsel argued that with the demise of Sri Bruce E. Gelb, the appeal should be treated as having abated as per Rule 22 of the CESTAT (Procedure) Rules, 1982. The counsel undertook to provide documentary evidence of the demise of Sri Bruce E. Gelb and the legal status of his business concern in Michigan. The Tribunal directed the production of the Death Certificate and relevant documents authenticated by the Indian Embassy within three months.3. A discrepancy was noted in the name of the US party as mentioned in the Agreement, which was 'BE. Gelb Consulting Services' instead of 'BE. Gelb Consultancy Service.' The Tribunal directed M/s. L.G. Balakrishnan & Brothers Ltd. to produce the necessary documents related to the demise of Sri Bruce E. Gelb and the legal status of the US business entity within a specified timeframe. This discrepancy required clarification and authentication for further proceedings.This detailed analysis of the judgment highlights the key issues of liability for Service tax, abatement due to the demise of an authorized representative, and discrepancies in the name of the US party, providing a comprehensive understanding of the legal complexities involved in the case.