2013 (8) TMI 417 - AT - Service Tax

Research and Development Services the appellant was paying service tax Held that - assessee can claim CENVAT credit thereof and utilise it for payment of duty of excise on their domestic products - plea of revenue neutrality has not been successfully rebutted - prima facie there is a case in favour. Stay application waiver on pre deposit is allowed stay granted in the favour of the assessee.

Summary

Issues:
1. Whether the services provided by the subsidiary company qualify as "scientific or technical consultancy service" for the purpose of service tax.
2. Whether the appellant can be considered a "client" of the foreign company prior to the amendment.
3. Whether the appellant is liable to pay service tax under the reverse charge mechanism and entitled to CENVAT credit.

Analysis:
1. The appellant argued that the subsidiary company does not fit the description of "any science or technical institution or organisation," hence the services provided do not qualify as "scientific or technical consultancy service." The tribunal found a prima facie case for the appellant, noting that the foreign company mainly engages in manufacturing goods, and the services rendered constitute a subsidiary function. The tribunal disagreed with the adjudicating authority's view and granted waiver of pre-deposit and stay of recovery for the adjudged dues, allowing the appellant to claim CENVAT credit.

2. The appellant contended that as they cannot be considered a "client" of the foreign company, the service does not fall within the definition prior to the amendment. The tribunal observed that the agreement between the appellant and the foreign company indicated that the service provider is a "scientific or technical institution or organization" since they exclusively provided "Research and Development Services" to the appellant. The tribunal leaned towards the appellant's argument and granted relief based on the revenue neutrality plea and the availability of CENVAT credit.

3. Regarding the liability to pay service tax under the reverse charge mechanism and the entitlement to CENVAT credit, the tribunal acknowledged that if the appellant pays service tax, they can claim CENVAT credit and utilize it for excise duty payment on domestic products. The tribunal found merit in the appellant's case, emphasizing the possibility of utilizing the credit for excise duty payment, leading to the decision to grant waiver of pre-deposit and stay of recovery for the dues as ordered.