2010 (1) TMI 360 - AT - Service Tax

Stay- Pre-deposit- There is a Service tax demand of Rs. 59.07 lakhs under the category of Managing Consultancy service in respect of permission by assessee for use of trade mark by a foreign concern. Held that- said agreement not indicating as to how there was service provided by assessee that comes under management consultant providing services as defined under section 65(65) read with 65(105)(r) of Act. No such service provided by assessee. Prima facie pre-deposit not to be ordered. No recovery of demand during pendency of appeal.

Summary

Issues:
Service tax demand under Managing Consultancy service for permission to use a trade mark.

Analysis:
The case involves a service tax demand of Rs. 59.07 lakhs under the category of Managing Consultancy service for allowing a foreign concern to use a trade mark. The appellant argues that there was no service provided by them falling under the definition of Management Consultant services as per the Finance Act, 1994. The appellant's counsel highlights that the agreement with Dabur India Ltd. only involved allowing the foreign concern to use the trade mark for considerations, which does not qualify as a service under the law. The appellant relies on previous tribunal decisions to support their argument.

The Departmental Representative (DR) supports the authority's finding regarding the nature of services provided by the appellant. However, upon hearing both sides and examining the records, the Tribunal notes that the definition of Management Consultancy and the decisions cited by the appellant do not clearly establish that the services provided fall under the category of Management Consultant services as defined by the Finance Act, 1994. As a result, the Tribunal decides not to direct pre-deposit as an interim measure during the appeal process, leading to no recovery of the demand during the appeal's pendency.

In summary, the Tribunal's analysis revolves around interpreting whether the services provided by the appellant, in allowing the use of a trade mark by a foreign concern, can be classified under the category of Management Consultant services for the purpose of service tax. The Tribunal's decision to not require pre-deposit during the appeal indicates a preliminary view that the services provided may not fit within the defined scope of Management Consultancy services as per the relevant legal provisions and precedents cited.