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8. The definition of “consulting engineer” admittedly has not
used identical expression used in defining the other assessees
liable to pay service tax. Apart from the definition of
“consulting engineer” in section 65(13), in all other cases, the
expression “person” or “concern” or “commercial concern” has
been used. Admittedly, a different expression has been used in
defining “consulting engineer”7. It could not have been
contended, and rightly, that the Legislature had made a
distinction consciously and by reason of such distinction, it had
intended differently. A fiscal statute has to be construed
strictly, if something is not subject to levy of tax clearly
expressed in the statute, the same cannot be brought within
the tax net by way of interpretation as was held in A.V.
Fernandez, [1957] 8 STC 561 (SC). It is a settled proposition
that it is the clear words of law and not the intention of the
Legislature, which is to be examined to find out what the
taxing statute has clearly said. There is no room for
intendment. There is no equity about a tax. There is no
presumption as to tax. Nothing is to be read in, nothing is to be
implied. Only the language used is to be looked at fairly as was
laid down in Orissa State Warehousing Corporation, [1999] 237
ITR 589 (SC) quoting from Cape Brandy Syndicate v. IRC,
[1921] 1 KB 64 and also in CIT v. Ajax Products Ltd., [1965] 55
ITR 741 (SC). At the same time, as held in C.A. Abraham,
[1961] 41 ITR 425 (SC), the court cannot proceed to make
good the deficiency, if there be any. The court must interpret
the statute as it stands. In the case of doubt, the interpretation
favourable to the taxpayer is to be adopted. At the same time,
in the case of absurdity the court can make good the
deficiency, remove the absurdity and interpret the statute
according to its objects and purposes.