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2012 (12) TMI 614 - AT - Service TaxWaiver of pre-deposit, interest & penalty Scientific and Technical Consultancy Services u/s 65(92) - Held that - Prior to May, 2008 service tax is payable on receipt basis. Assessee has not received any amount towards rendered service at all although they have made entries in their books of account. Stay granted.
Issues:
Waiver of pre-deposit of service tax, interest, and penalties under the Finance Act, 1994 for the period prior to May 2008 and post May 2008. Analysis: Issue 1: Waiver of pre-deposit for the period prior to May 2008 The applicant, a manufacturer of bulk drugs, provided technical knowhow services to certain entities without receiving any payment. The adjudicating authority classified the service under 'Scientific and Technical Consultancy Services' and demanded service tax. The applicant argued that service tax was payable on actual receipt basis before May 2008. The tribunal acknowledged that no payment was received for the services rendered, supporting the waiver of pre-deposit for this period. The tribunal found that the applicant did not qualify under the definition of 'Scientific and Technical Consultancy Services,' further justifying the waiver. Issue 2: Waiver of pre-deposit for the period post May 2008 The applicant continued to seek a waiver of pre-deposit for the period post May 2008. The tribunal considered the definition of 'Scientific and Technical Consultancy Services' under the Finance Act, 1994 and determined that the applicant did not meet the criteria. Consequently, the tribunal granted a 100% waiver of pre-deposit for the entire amount of service tax, interest, and penalties, staying the recovery during the appeal process. Final Decision: The tribunal granted the applicant a 100% waiver of pre-deposit for the entire amount of service tax, interest, and penalties for both the period prior to May 2008 and post May 2008. The appeal was scheduled for final disposal due to the significant revenue involved, emphasizing the importance of resolving the matter promptly.
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