2010 (5) TMI 229 - AT - Service Tax

Stay- Management Consultant Service- The issue involved in this case is whether the appellant is liable to pay the service tax as adjudged by the adjudicating authority under the category of Management Consultancy Services ? Held that- mere implementation of IT services not covered under management consultant service. statement by officers of appellant company that services provided also having element of consultancy. Issue highly contentious. Prima facie case for complete waiver not made out. Thus pre-deposit directed.

Summary

Issues:
Whether the appellant is liable to pay service tax under 'Management Consultancy Services.'

Analysis:
The issue in this case revolves around the liability of the appellant to pay service tax as determined by the adjudicating authority under the category of 'Management Consultancy Services.' The appellant contests this determination, arguing that the services provided fall under Information Technology (IT) services, specifically IT Infrastructure services. The appellant points out that the services rendered encompass managing IT infrastructure environments for clients, which, according to the appellant, were exempt from duty until the inclusion of information technology services under the service tax net from May 16, 2008. The appellant refers to previous decisions, such as the case of IBM India (P) Ltd. v. CST, to support their argument that the services in question were not subject to service tax before May 16, 2008. The appellant also cites the case of Dr. Lal Path Labs Pvt. Ltd. v. CCE to argue that if services are brought under the service tax net for the first time, there is no service tax liability for the earlier period.

The revenue, represented by the special counsel, counters the appellant's argument by emphasizing the findings of the adjudicating authority and the agreements entered into by the appellant with their customers. The revenue contends that the appellant's services align more with Management Consultancy Services rather than IT services based on the agreements' terms.

After careful consideration of both parties' submissions and the agreements, the Tribunal finds the issue to be contentious. The Tribunal notes that the services provided by the appellant could potentially fall under either Information Technology Services or Management Consultancy Services. However, the Tribunal emphasizes that the mere implementation of IT services does not necessarily constitute Management Consultancy Services. Referring to a previous case involving the appellant regarding the implementation of an ERP program, the Tribunal concludes that the services in question likely fall under Information Technology Services. The Tribunal acknowledges the complexity of the issue and the need for a detailed examination of all evidence during the final hearing. Consequently, the Tribunal rules that the appellant has not established a prima facie case for a complete waiver of the service tax amount. As a result, the Tribunal directs the appellant to pre-deposit a specified amount within a set timeframe, pending further orders from the bench.

In conclusion, the Tribunal's decision underscores the need for a thorough analysis of the nature of the services provided by the appellant and the applicability of service tax based on the specific categorization of those services. The ruling highlights the importance of detailed evidence and legal arguments in determining the tax liability in complex cases involving overlapping service categories.