2009 (12) TMI 430 - AT - Service Tax

Stay Management Consultant Services - The issue involved in this case is regarding the Service tax liability on the appellants under the category of management consultant services for the period April, 2002 to March, 2007. Service tax paid under Information Technology Software Service from 16.05.2008. Held that appellant submits a prima facie case that services not covered under Management Consultant Service. Thus waive the pre-deposit of demand.

Issues Involved:
Service tax liability on appellants under 'management consultant services' category for the period April 2002 to March 2007 and April 2007 to March 2008.

Analysis:

1. Service Tax Liability Issue:
The issue revolves around the service tax liability of the appellants under the category of 'management consultant services' for the mentioned periods. The appellants were initially registered under the category of "Consulting Engineer service" but provided a range of IT services beyond mere consultancy. The lower authorities contended that these services fell under management consultancy services, leading to show cause notices, demand confirmation, penalties, and interest recovery. The appellant argued that the services provided were comprehensive IT services, including conceptualization, procurement, maintenance, and upgradation, which were not covered under management consultancy services.

2. Legal Interpretation of Services:
The legal interpretation of the services provided by the appellants was crucial in determining their tax liability. The appellant's counsel highlighted that the services offered were IT-related and did not strictly fall under the category of management consultancy services. Reference was made to previous judgments like IBM India Pvt. Ltd. v. CST, Bangalore and SAP India Sys., Application & Products in Data Processing P. Ltd. v. CST, Bangalore to support the argument that similar IT services were not considered as management consultancy services in past decisions. The counsel emphasized that the services provided were more aligned with Information Technology services rather than management consultancy.

3. Scope of Activities and Bench Decisions:
The activities undertaken by the appellants, as recorded by the adjudicating authority, included complete IT solutions for clients like Vijaya Bank. The Tribunal analyzed the definition of 'management consultant services' for different periods and referred to previous judgments to establish that the services provided by the appellants were more in line with IT services rather than management consultancy. The Tribunal also cited the decision in the case of Nirulas Corner House Pvt. Ltd. to emphasize that consultancy services entail advice and assistance without direct management involvement. Based on these considerations, the Tribunal concluded that the appellant's services were likely IT services rather than management consultancy services.

4. Judgment and Stay Petitions:
After considering the arguments and perusing the records, the Tribunal found merit in the appellant's contention that the services provided did not strictly fall under 'management consultant services.' The Tribunal opined that the services could be categorized as IT services, especially considering the period before 16-5-2008 when a new category of 'Information technology services' was introduced. As a result, the Tribunal allowed the applications for waiver of the pre-deposit of the amounts in question and stayed the recovery until the appeals were disposed of, indicating a prima facie case in favor of the appellant.

In conclusion, the judgment analyzed the nature of services provided by the appellants, the legal definitions of relevant service categories, and past judicial interpretations to determine the correct tax liability, ultimately ruling in favor of the appellant's argument that the services rendered were more aligned with Information Technology services rather than management consultancy services for the periods in question.

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