High CourtsDivision Bench

Transformers and Electricals vs Commissioner of Central Excise

High Court Of Kerala · Decided on 6 April 2009 · Citation: (2009) 14 STR 737 : (2009) 22 STT 96

HON’BLE JUDGES
K. Surendra Mohan, J · C.N. Ramachandran Nair, J
RESULT
Dismissed
CASE NUMBER
C.E.A. No''s. 10 and 12 of 2008
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Judgment

1 paragraphs · 139 words

Ramachandran Nair, J.—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.