2006 (6) TMI 508 - AT - Service Tax

Summary

Issues:
1. Interpretation of the category of 'Commercial Training or Coaching Services' for service tax liability.
2. Applicability of Notification No. 9/2003 for Computer Training.
3. Determination of whether specialized software training falls under Computer Training category.
4. Requirement of pre-deposit by the appellants for contesting the matter.

Analysis:
1. The appellants contested the demand of service tax under 'Commercial Training or Coaching Services' for imparting Specialized Software Training. They argued that the software used for research in Bio-Chemistry and related fields does not fit this category. The counsel relied on a license obtained for software training and claimed the benefit of Notification No. 9/2003 for Computer Training. The SDR opposed, stating the specialized courses in Bio-Chemistry and Pharmacy are not Computer Training. The Tribunal noted the need for detailed examination due to the specialized nature of the courses offered.

2. The SDR argued that the specialized software training provided by the appellants does not qualify as Computer Training under Notification No. 9/2003. The Tribunal acknowledged the unique nature of the courses in Bio-Chemistry and related fields, indicating a deeper analysis was required beyond prima facie assessment. The appellants were directed to pre-deposit a specified amount to contest the matter further.

3. The Tribunal observed that the training by the appellants was not solely for Computer Training but for specialized courses aimed at graduates and post-graduates in biotechnology, pharmacy, and related fields. The requirement for pre-deposit was imposed to allow the appellants to challenge the service tax demand effectively. The Tribunal emphasized the need for a comprehensive review before making a final determination on the applicability of the tax category.

4. In conclusion, the Tribunal directed the appellants to pre-deposit a specific amount within a set timeframe to contest the issue further. The pre-deposit would enable the appellants to challenge the service tax demand while the balance of tax and penalty would be waived, with recovery stayed pending compliance. The matter was scheduled for a follow-up report on compliance at a specified date.