2018 (3) TMI 858 - AT - Service Tax

Scientific or technical consultancy service - the appellants had supplied the Drug Master File (DMF) / Technical Package (TECHPACK) to various customers and recovered on data / information about the goods to study the manufacturing and testing procedures in respect of the goods of the appellants - case of appellants are that they are manufacturer of excisable goods and not any Scientist or Technocrat or any science or technology institutes and hence they cannot be treated as provider of scientific or technical consultancy service. Held that - the activities of the assessee do not fall under the provisions of Service Tax. The assessee is manufacturer of excisable goods and they are not Scientist or Technocrat or any science or technology institute.Therefore, the service rendered by them cannot be treated as provider ofscientific or technical consultancy. Appeal dismissed - decided against Revenue.

Summary

Issues:
1. Appeal against Commissioner (Appeals) order allowing the appeal of the assessee by setting aside the order-in-original.
2. Whether the activities of the assessee fall under the provisions of Service Tax.
3. Interpretation of the statutory definition of 'Scientific or Technical Consultancy' under section 65(92) of the Act.
4. Reliance on previous Tribunal decisions by the Commissioner (Appeals) in allowing the assessee's appeal.

Analysis:

1. The appeal by Revenue challenges the order of the Commissioner (Appeals) dated 20th December 2013 setting aside the order-in-original which confirmed service tax against the appellants. The appellants hold a Central Excise registration certificate for manufacturing excisable goods falling under Chapter 29 of the Central Excise Tariff Act, 1985. The dispute arose when Central Excise Officers observed that the appellants supplied Drug Master File (DMF) / Technical Package (TECHPACK) to customers, leading to the imposition of service tax, interest, and penalty.

2. The Revenue argued that the appellants provided technical assistance related to the manufacture/testing of drugs to customers, making them eligible for service tax. However, the Tribunal found that the appellants, as manufacturers of excisable goods, do not fall under the definition of 'Scientific or Technical Consultancy' as per the provisions of the Act. The services provided did not qualify as scientific or technical consultancy, as the appellants were not scientists, technocrats, or a science/technology institution.

3. The Tribunal examined the statutory definition of 'Scientific or Technical Consultancy' under section 65(92) of the Act, emphasizing that the service must be provided by a scientist, technocrat, or science/technology institution to qualify. The Revenue's misinterpretation of the statutory definition led to the incorrect imposition of service tax on the appellants. The Tribunal clarified that the activities of the appellants did not meet the criteria for scientific or technical consultancy services.

4. The Commissioner (Appeals) relied on previous Tribunal decisions, including Steel Cast Ltd. and Administrative Staff College of India, to support the allowance of the assessee's appeal. These decisions, along with the statutory definition of 'Scientific or Technical Consultancy,' formed the basis for the Commissioner's decision. The Tribunal upheld the impugned order, citing no infirmity in the decision and dismissing the Revenue's appeal, thus affirming the appellants' position as manufacturers not liable for service tax under the category of scientific or technical consultancy services.