2007 (11) TMI 289 - AT - Service Tax

Technical testing and Analysis Services - applicants were conducting clinical trials of medicines using selected patients - definition of the services for technical testing and analysis as existed prior to 1-5-2006 prima facie covers the services undertaken by them and the explanation is only clarificatory in nature and therefore, the case of the applicant is an arguable one appellant has not made a strong case for total waiver of deposit stay granted partly

Summary

Issues:
Service tax demand under "Technical testing and Analysis Services" - Interpretation of Section 65(106) of Finance Act, 1994.

Analysis:
The appeals involved an identical issue related to the demand of service tax under the category of "Technical testing and Analysis Services" as per Section 105(zzh) read with Section 65(106) of the Finance Act, 1994. The Commissioner confirmed the duty amounts on the respective companies within the normal limitation period. The applicants argued that they were conducting clinical trials of medicines through agreements with hospitals and highlighted an amendment to Section 65(106) post 1-5-2006, which included testing for clinical purposes. The Tribunal noted that the definition of services for "technical testing and analysis" before 1-5-2006 seemed to cover the services provided by the applicants. The explanation added post-amendment was considered clarificatory, indicating that the services undertaken by the applicants could fall within the taxable category. Consequently, the Tribunal held that the applicants did not present a strong case for a complete waiver of the deposit as ordered by the Commissioner.

The Tribunal directed each applicant to deposit 40% of the confirmed duty amounts within 8 weeks and report compliance by a specified date. Upon this deposit, the balance duty and interest amounts were waived, and the recovery process was stayed during the appeal's pendency. Failure to comply with the deposit order would lead to the dismissal of the defaulting applicant's appeal without further notice. The applications were disposed of based on these terms, ensuring compliance with the deposit requirements to continue the appeal process smoothly.