2009 (6) TMI 877 - AT - Service Tax

Summary

Issues:
- Liability to pay service tax on services falling under "Intellectual Property Services" under Sec. 73 of the Finance Act, 1994.

Analysis:
The Appellate Tribunal CESTAT Mumbai heard an appeal against an Order-in-Original imposing Service Tax and penalties on the appellant. The main issue was whether the appellant was liable to pay service tax under "Intellectual Property Services" as per Sec. 73 of the Finance Act, 1994. The appellant, a sugar and molasses manufacturer, also produced country liquor under the brand "Pahili Dhar" approved by the State Excise Authority. They entered into a selling agency agreement with M/s. Talreja Trade (HUF) to boost sales of their country liquor. The Revenue contended that M/s. Talreja Trade used the appellant's brand name in selling the products.

Upon hearing both sides and examining the records, the Tribunal found that the Revenue failed to establish that M/s. Talreja Trade was utilizing the appellant's brand name for their products. The Tribunal observed that the appellant had a strong prima facie case in their favor. Consequently, the Tribunal granted a complete waiver of pre-deposit of the service tax and penalties until the final disposal of the appeal. The judgment was pronounced in court by the Tribunal.