2007 (10) TMI 38 - HC - Service Tax

Collection of blood samples and forwarding them to principal lab Merely because any incidental service is rendered by assessee, it would not become part of definition of Business Auxiliary Service Impugned service rightly classifiable under Technical Testing and Analysis Service

Summary

Issues:
Appeal challenging Tribunal's decision on services falling under 'Business Auxiliary Service' and liability for service tax.

Analysis:
The High Court heard an appeal by the revenue challenging a Tribunal order that services provided by the assessee did not fall under 'Business Auxiliary Service' as defined in the Finance Act. The revenue argued that the services amounted to promotion or marketing of the principal company's services, which the Tribunal rejected. The main question for determination was whether the services fell under 'Business Auxiliary Service' and if service tax was payable. The Court noted a similar case involving M/s Dr. Lal Path Lab where it was held that activities like collection centers for testing and analysis fall under 'technical testing and analysis' exception, not 'Business Auxiliary Service'. The Court cited the statutory provision defining 'technical testing and analysis' to exclude services related to human beings or animals, which supported the Tribunal's decision. The Court upheld the Tribunal's decision, stating that any incidental service like mentioning the principal company's name does not make it 'Business Auxiliary Service' under the Act.

In conclusion, the High Court dismissed the revenue's appeal as it was similar to the M/s Dr. Lal Path Lab case where it was held that services like testing and analysis do not fall under 'Business Auxiliary Service' but under 'technical testing and analysis' exception. The Court emphasized the statutory provision's exclusion of services related to human beings or animals from 'technical testing and analysis', supporting the Tribunal's decision. The Court affirmed that mentioning the principal company's name incidentally does not make the service part of 'Business Auxiliary Service' as defined in the Act.