VidhiSangh

Supreme Court of India · 10/04/2023

COMMISSIONER OF CUSTOMS, CENTRAL EXCISE & SERVICE TAX versus M/S SUZLON ENERGY LTD.

[2023] 4 S.C.R. 324 · 2023 INSC 332

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A wind turbine manufacturer imported tailor-made engineering designs and drawings from its German and Dutch sister companies under a product development and purchase agreement, classifying them as paper under the Customs Tariff at nil duty and paying no service tax. The Commissioner confirmed service tax under design services on reverse charge, but the CESTAT held the drawings were goods and that the same activity cannot be taxed as both goods and services. The Supreme Court held that view erroneous: under the aspect theory recognised in BSNL the same activity can be taxed as goods and as services, the definition of design services is wide, and treatment of the drawings as goods in the bill of entry does not take the service out of it. The levy was upheld and the matter remitted only on whether a foreign entity's services fall within design services and on limitation.

Issues

  1. Whether import of engineering designs and drawings prepared by foreign sister companies for manufacture of wind turbine generators is taxable as design services under Section 65(35b) read with Section 65(105)(zzzzd) of the Finance Act, 1994, notwithstanding that the drawings were cleared through customs as goods.

Provisions considered

Held

Result

Appeals disposed of; CESTAT order dated 02.05.2018 holding that the import of engineering designs and drawings was not liable to service tax as design services quashed and set aside and the levy decided in favour of the Revenue; matter remitted to the CESTAT only to decide whether services rendered by a foreign entity fall outside design services and whether the extended period of limitation was validly invoked; no costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 324.