Transformers and Electricals Vs. Commissioner of Central Excise - Court Judgment

SooperKanoon Citationsooperkanoon.com/726435
SubjectService Tax
CourtKerala High Court
Decided OnApr-06-2009
Case NumberC.E.A. Nos. 10 and 12 of 2008
Judge C.N. Ramachandran Nair and; K. Surendra Mohan, JJ.
Reported in2009[14]STR737; [2009]22STT96
AppellantTransformers and Electricals
RespondentCommissioner of Central Excise
Appellant Advocate Joseph Kodianthara, Adv.
Respondent Advocate T. Sanjay, CGC
DispositionAppeal dismissed
Excerpt:
- ramachandran nair, j.1. heard counsel for the appellant and standing counsel appearing for the respondent. appeals are against the orders of the tribunal upholding levy of service tax on engineering and other services rendered by the respondent under the charging entry 'consulting engineers service'. respondent is engaged in manufacture and installation and commissioning of transformers. the contract is obviously a divisible one, one for manufacture of the product and the other for rendering services in the form of installation and commissioning. we are of the view that tribunal rightly came to the conclusion that the design and engineering services received answer the description of fee for rendering services as consulting engineers. we therefore dismiss the appeals. we take note of the finding of the tribunal that no excise duty is payable on the charges on which service charge is levied.
Judgment:

Ramachandran Nair, J.

1. Heard counsel for the appellant and standing counsel appearing for the respondent. Appeals are against the orders of the Tribunal upholding levy of service tax on Engineering and other services rendered by the respondent under the charging entry 'Consulting Engineers Service'. Respondent is engaged in manufacture and installation and commissioning of transformers. The contract is obviously a divisible one, one for manufacture of the product and the other for rendering services in the form of installation and commissioning. We are of the view that Tribunal rightly came to the conclusion that the design and engineering services received answer the description of fee for rendering services as Consulting Engineers. We therefore dismiss the appeals. We take note of the finding of the Tribunal that no excise duty is payable on the charges on which service charge is levied.