2013 (7) TMI 366 - AT - Service Tax

Tribunal Affirms Market Research Services Classification, Rejects Time Limitation Argument

M/s KOTAK SECURITIES LTD Versus COMMISSIONER OF SERVICE TAX, MUMBAI-I

M/s KOTAK SECURITIES LTD Versus COMMISSIONER OF SERVICE TAX, MUMBAI-I - 2013 (32) S.T.R. 705 (Tri. - Mumbai) Issues involved:1. Classification of services provided by the appellant as 'Market Research Services' for liability of service tax.2. Consideration for the services provided by the appellant to another company.3. Time limitation for the demand of service tax.4. Financial hardship and pre-deposit of dues.Analysis:1. Classification of services as 'Market Research Services':The appellant, a joint venture company, provided research support to another company under a specific agreement. The agreement outlined services to be provided, including marketing issues and research activities. The appellant shared income and costs with the other company. The tribunal found that the appellant's income shown in the Profit and Loss account pertained to research activities. The tribunal concluded that the appellant's equity research falls under the definition of 'Market Research Services' as per the Finance Act, making them liable to pay service tax.2. Consideration for services provided:The appellant argued that the fees received were for sharing expenses and not consideration for services. However, the tribunal disagreed, stating that expenses are an integral part of consideration for services rendered. Even if no profit is made, the amount received for services is subject to service tax. The tribunal found that the appellant's research activities constituted a service provided to the other company, warranting the payment of service tax.3. Time limitation for service tax demand:The appellant claimed the demand was time-barred due to delayed issuance of the show cause notice. However, the tribunal held that the date of knowledge is crucial for determining the time limit. Since the department issued the notice within one year of acquiring knowledge, the demand was not time-barred. The appellant's delayed disclosure of activities to the department contributed to this decision.4. Financial hardship and pre-deposit of dues:The tribunal noted that the appellant did not demonstrate financial hardship. Citing a previous case, the tribunal ordered a pre-deposit of 50% of the confirmed service tax amount within eight weeks. Compliance would result in waiving the balance amount of dues and a stay on recovery during the appeal's pendency.In summary, the tribunal upheld the classification of the appellant's services as 'Market Research Services,' deemed the fees received as consideration for services provided, rejected the time limitation argument for service tax demand, and ordered a pre-deposit of dues without evidence of financial hardship.