2013 (11) TMI 1205 - AT - Central Excise

Recovery of Excise duty on Finacle software - Waiver of Pre-deposit Exemption under Notification No/6/2006 - Whether the product Finacle can be considered as a packaged software or not Held that - Customized software is a specific software and specific is the one tailored to the specific requirement of the customers - the product Finacle, the software for the banking industry developed and sold by the appellants cannot be considered as a packaged software prima facie - Prima facie the appellants have made out a case for waiver of pre-deposit stay granted.

Summary

Issues: Waiver of pre-deposit and stay against recovery of excise duty demanded on Finacle software.

The judgment by the Appellate Tribunal CESTAT Bangalore involved the issue of waiver of pre-deposit and stay against the recovery of excise duty demanded on Finacle software developed for the banking industry. The demand was confirmed by invoking an extended period with interest and penalties imposed. The Tribunal considered whether the product Finacle could be classified as packaged software as per Notification No.6/2006-CE. The notification defined packaged software as software developed for a variety of users, intended for sale off the shelf. The appellant argued that Finacle could not be sold off the shelf, citing expert opinions and clarifications from the TRU. The Tribunal noted that customized software is specific to customer requirements, while packaged software is generally available off the shelf. It concluded that prima facie, Finacle could not be considered packaged software. However, further evidence was required to determine if Finacle was sold as a CD, met the criteria for packaged software, and other related issues such as excise duty and service tax on the same product. The Tribunal granted the waiver of pre-deposit and stay against recovery, considering the appellant's case at that stage. The decision was pronounced and dictated in open court by B.S.V. Murthy.

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