2015 (12) TMI 337 - AT - Service Tax

Denial of refund claim - service tax paid under Technical Testing and Analysis service - Held that - It is not in dispute that the service was rendered by technical agencies engaged in providing service in relation to technical testing and analysis thus satisfying the definition given in Section 65 (107) ibid. In the present case, for determination of the specifications of protein, fat moisture etc. samples were required to be drawn mixed and then analysed. Indeed, we find that the service providers issued proper certificates certifying weighing, packing and stuffing and the specification of protein, fat, moisture etc. - refund of the aforesaid amounts was correctly sanctioned as per the provisions of Notification No. 41/2007-ST dated 06.10.2007 as amended. Thus, the impugned order does not suffer from any infirmity - Decided against Revenue.

Summary

Issues involved:
Interpretation of the scope of technical testing and analysis service under Section 65(106) of the Finance Act, 1994 in the context of weighment, sampling, and stuffing services provided for exported goods.

Analysis:

1. The Revenue filed an appeal against an Order-in-Appeal seeking recovery of a service tax refund amount related to technical testing and analysis service provided for exported goods. The contention was that the services of weighment, sampling, and stuffing were not covered within the definition of technical testing and analysis service as per Section 65(106) of the Finance Act, 1994. However, the Commissioner (Appeals) found that these services fell under the ambit of technical testing and analysis service and dismissed the Revenue's appeal.

2. The Revenue argued that services like weighment, sampling, and stuffing of containers did not qualify as technical testing and analysis services. They claimed that activities like supervision of loading/unloading during stuffing were not of a technical nature. The respondent, in their cross objections, referred to the definition of technical testing and analysis service, emphasizing the scope of testing and analysis in the context of the service providers submitting detailed test reports.

3. Upon considering both sides' contentions, the Tribunal analyzed the definition of technical testing and analysis service as provided in Section 65(106) of the Finance Act, 1994. The Tribunal noted that physical testing and analysis encompassed activities like weighment and sampling based on physical or chemical characteristics. Additionally, the technical nature of the stuffing service, which required specific conditions like the use of silica gel packs, was highlighted. The Tribunal also referenced Section 65(108) of the Act, defining technical inspection and certification, to support the inclusion of the services provided by technical agencies within the scope of technical testing and analysis.

4. The Tribunal further elaborated on the nature of testing and analysis, emphasizing critical examination, evaluation, and complex analysis involved in the services provided. It was noted that the service providers issued certificates certifying the processes of weighing, packing, and stuffing, along with detailed specifications of the goods. Consequently, the Tribunal concluded that the refund of the disputed amounts was correctly sanctioned in accordance with relevant provisions, specifically Notification No. 41/2007-ST dated 06.10.2007, as amended. As a result, the Tribunal dismissed the Revenue's appeal and disposed of the cross objections.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's reasoning in interpreting the scope of technical testing and analysis services in the given context.