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August, 26th 2014

Service Tax ucts are as per the formulae hence it cannot be said that the appellants are technical testing and analysis agency. 7. It is not the case of the Revenue that the appellants are only undertaking the activity of analysis and testing of product. From the impugned order passed by the Commissioner (Appeals), we find that verification was conducted through jurisdictional Superintendent and the jurisdictional

Superintendent of the Range reported that the service under discussion relates to research and development activity and the appellants are not undertaking the testing and analysis activity separately. In these circumstances, we find merit in the contention of the appellant. The impugned order is set aside and the appeal is allowed. 8. The Revenue also filed appeal against the same impugned order for enhancement of penalties. As we are setting aside the demand and consequential penalties, therefore the appeal filed by the Revenue is dismissed as infructuous. (Dictated in Court)

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