2018 (2) TMI 17 - AT - Service Tax

Liability to tax - whether maintenance or repair services and management consultancy service in respect of software development is liable to service tax or not during the period 09/07/2004 to 31/03/2006? - Held that - before 01/06/2007, in the definition of maintenance and repairs, the goods did not include the software. Accordingly, the maintenance and repair of software was not considered as taxable before 01/06/2007 - as per the law prevailing at the relevant time maintenance and repair services of the software is not taxable - appeal dismissed - decided against Revenue.

Summary

Issues involved:
Whether maintenance or repair services and management consultancy service in respect of software development is liable to service tax during the period 09/07/2004 to 31/03/2006.

Analysis:

1. The judgment addresses the issue of whether maintenance or repair services and management consultancy service related to software development are liable to service tax during a specific period. The Tribunal considered the definition of maintenance and repair services applicable during the period in question, which did not explicitly include software as goods. The Tribunal highlighted that the definition was later amended to include computer software explicitly from 01/06/2007. The Commissioner (Appeals) had relied on a previous CESTAT decision regarding the non-taxability of maintenance and repair services of software before 01/06/2007.

2. The Tribunal examined the relevant legal provisions and the interpretation of the definition of maintenance and repair services in the context of software. It noted that the law prevailing before 01/06/2007 did not consider maintenance and repair services of software as taxable. The Tribunal emphasized that the decision in the case of SAP India Pvt. Ltd. supported the non-taxability of such services before the specified date. Therefore, based on the legal framework and precedents, the Tribunal upheld the non-taxability of maintenance and repair services of software during the period in question.

3. The Tribunal concluded that the maintenance and repair services of software were not taxable before 01/06/2007 based on the interpretation of the relevant legal provisions and precedents. It found no error in the decision of the Commissioner (Appeals) and dismissed the Revenue's appeal. The judgment clarified the legal position regarding the taxability of maintenance and repair services related to software development for the specified period, providing a clear interpretation of the law prevailing at that time.

In summary, the judgment clarified that maintenance and repair services of software were not subject to service tax before 01/06/2007 based on the legal provisions and precedents. The Tribunal's analysis focused on the definition of maintenance and repair services applicable during the relevant period and emphasized the non-taxability of such services in the context of software development. The decision provided a comprehensive interpretation of the law and upheld the non-taxability of these services, dismissing the Revenue's appeal.