2012 (11) TMI 974 - AT - Service Tax

Waiver of pre-deposit - Manpower Recruitment or Supply Agency Service reimbursement of expenses - employees were deputed to the premises of the clients and they were working under the direct supervision of Project Managers working with the appellant and the intellectual property relating to the software developed continued to rest with them and if any right was to be passed on to the clients, the same was required to be specifically assigned to the clients subject to the conditions mentioned in the agreements. held that - the activities may fall under the category of Information Technology Services and may not be classifiable under the category of Manpower Recruitment or Supply Agency Service . stay granted.

Summary

Issues:
1. Taxability of services under the category of 'Manpower Recruitment or Supply Agency Service'
2. Demand of service tax for the period 16/06/2005 to 31/03/2006
3. Demand of differential service tax for the period 19/04/2006 to 30/09/2009

Issue 1: Taxability of services under the category of 'Manpower Recruitment or Supply Agency Service'
The appellant contested the demand of service tax primarily on the grounds of taxability. The advocate argued that the services provided during the disputed period should not be classified as 'Manpower Recruitment or Supply Agency Services' but rather as 'Information Technology Services.' They highlighted that the activities involved in software development did not fall under the former category. The advocate emphasized that the employees were working under direct supervision, and the intellectual property rights remained with the appellant. It was further mentioned that no tax was liable to be paid before 16/05/2008, thus negating the demand for differential tax during the period 19/04/2006 to 30/09/2009.

Issue 2: Demand of service tax for the period 16/06/2005 to 31/03/2006
The appellant's advocate argued that the activities conducted during this period should be classified as 'Information Technology Services' rather than 'Manpower Recruitment or Supply Agency Services.' Upon reviewing the agreements, the tribunal agreed with the advocate's submissions, indicating that the services provided may indeed fall under the category of 'Information Technology Services.' Consequently, the tribunal waived the predeposit of dues and stayed the recovery of the demanded amount until the appeal's disposal.

Issue 3: Demand of differential service tax for the period 19/04/2006 to 30/09/2009
The demand for differential service tax during this period was contested based on the argument that no tax was liable to be paid before 16/05/2008. The tribunal concurred with the appellant's advocate that the activities performed were more aligned with 'Information Technology Services' rather than 'Manpower Recruitment or Supply Agency Services.' As a result, the tribunal granted a waiver of predeposit of dues and stayed the recovery of the demanded amount pending the appeal's resolution.

In conclusion, the Appellate Tribunal CESTAT, Bangalore, ruled in favor of the appellant, determining that the services provided were more appropriately categorized as 'Information Technology Services' rather than 'Manpower Recruitment or Supply Agency Services.' The tribunal agreed with the advocate's arguments regarding the taxability of the services during the disputed periods and granted a waiver of predeposit of dues, staying the recovery of the demanded amount until the appeal's final disposition.