2014 (1) TMI 1787

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....sioner of Customs, Central Excise & Service Tax, Hyderabad-III Commissionerate, is the relief sought in this application. Out of the total demand of tax assessed, an amount of Rs. 45,20,307/- is under the reverse charge mechanism is attributed to 'scientific or technical consultancy' services received by the petitioner from foreign service providers during the period 2006-07 to 2010-11. 2. The Petitioner contended, exhaustively before the adjudicating authority, the contentions reiterated before us, that the services received from the foreign agencies do not amount to scientific or technical consultancy services but are more appropriately classifiable as 'management or business consultancy' service, defined under Section 65(65) of t....

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....ing residual solvents, etc. 3. Section 65(92) defines scientific or technical assistance, rendered in any manner, either directly or indirectly, by a scientist or a technocrat, or any science or technology institution or organisation, to any person, in one or more disciplines of science or technology as the taxable - scientific or technical consultancy. In contrast, Section 65(65) defines management or business consultant as any person engaged in providing any service, either directly or indirectly, in connection with the management of any organisation or business in any manner and includes any person who renders any advice, consultancy or technical assistance, in relation to financial management, human resources management, marketi....

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....ces provided by the overseas banks, through the intervention of the Petitioner's local bank, it cannot be gainfully contested that the overseas bank provided banking and financial services to the Petitioner. We, therefore, find no prima facie, case in favour of the Petitioner warranting waiver of pre-deposit in full on this aspect of the demand assessed. 6. Learned counsel for the Petitioner contends that approximately Rs. 70 lakhs has already been remitted under the reverse charge mechanism under the category of management or business consultancy service, which the adjudicating authority has classified as scientific or technical consultancy service; and that in the circumstances, this amount should be credited to the 'scientific or....