CESTAT Rules Overseas Services Misclassified; Should Be 'Supply of Tangible Goods', Not 'Consulting Engineer' under Finance Act 1994.

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....The CESTAT held that the services received by the appellant from an overseas supplier were incorrectly classified as 'Consulting Engineer Services' u/s 65(31) of the Finance Act, 1994. Instead, they should be classified as 'Supply of Tangible Goods Services'. The personnel provided by the supplier were operational staff and not consultants rendering advice or technical assistance. The dominant intention of the contract was to provide a drilling rig with personnel and related services for exploration activities, not consulting engineer services. Reimbursements for expenses are not subject to service tax, and the revenue failed to justify the tax claims and penalties.....