2005 (3) TMI 594 - AT - Service Tax

Waiver of Pre-Deposit in Service Tax Appeal

CESPRECOT MILLS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, TIRUPATHI

CESPRECOT MILLS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, TIRUPATHI - 2005 (187) E.L.T. 54 (Tri. - Bang.) Issues:1. Whether the appellant is required to pre-deposit a total duty amount and penalty for the purpose of hearing the appeal.2. Whether the debit notes raised by the appellant towards technical guidance fall within the ambit of 'Management Consultant' as defined under the Finance Act, 1994.3. Whether the appellant's activities can be considered as Management Services and subjected to Service Tax.4. Whether the appellant established a consultant-client relationship for the services rendered.5. Whether the stay application should be allowed, granting a waiver of pre-deposit until the appeal's disposal.Analysis:1. The appellant was required to pre-deposit a total duty amount and penalty for the appeal hearing. The appellant, engaged in manufacturing activities, raised debit notes for technical guidance. The Department considered these notes for service tax under 'Management Consultant.' The appellant contested this, arguing that the services provided did not fall under the definition of 'Management Consultant' or 'Taxable Service.' The Chartered Accountant representing the appellant emphasized the absence of a consultant-client relationship as the appellant rendered services to its own constituent. The appellant sought a full waiver of pre-deposit.2. The Department defended its action, stating that the services provided by the appellant could be categorized as Management Services and were subject to Service Tax due to the debit notes issued for specific activities. However, upon careful consideration of both sides' submissions, the Tribunal found that the appellant presented a strong case on merits. The Tribunal noted the absence of a consultant-client relationship established by the Revenue and granted an unconditional waiver of pre-deposit, staying the recovery until the appeal's disposal.3. The Tribunal's decision to allow the stay application and waive the pre-deposit was based on the arguments presented by the appellant's representative, emphasizing the lack of a consultant-client relationship. The Tribunal found in favor of the appellant, acknowledging the merit of their case and the absence of a clear relationship between the service provider and the service receiver, as the services were rendered within the same company to its constituent. The appeal was scheduled for a future hearing.This detailed analysis covers the issues raised in the legal judgment, providing a comprehensive understanding of the arguments presented and the Tribunal's decision regarding the pre-deposit requirement, service tax implications, and the establishment of a consultant-client relationship.