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of <h1>Tribunal: IT Services Not Taxable as Business Auxiliary Service</h1> <h3>BELLARY COMPUTERS Versus COMMISSIONER OF C. EX. (APPEALS), MANGALORE</h3> The Tribunal held that the services provided by the appellant to M/s. Gulbarga Electricity Supply Co. Ltd. did not amount to 'Business Auxiliary Service' ... Demand(Service tax) - Revenue contended that the services rendered by appellants to other person fall under the category 'Business Auxiliary Service' - Matter remanded to original authority for re-computation of service tax liability by excluding the non taxable services Issues:1. Whether the services provided by the appellant to M/s. Gulbarga Electricity Supply Co. Ltd. amount to 'Business Auxiliary Service' under the Finance Act, 1994.2. Whether the appellants are liable to pay Service Tax for the services rendered.3. Whether the appellants are entitled to cum-duty benefit for not collecting Service Tax from their customer.Analysis:1. The appeal was filed against the Order-in-Appeal passed by the Commissioner of Central Excise (Appeals), Mangalore, concerning services provided by the appellant to M/s. Gulbarga Electricity Supply Co. Ltd. The Adjudicating Authority confirmed a demand along with penalties, which was challenged by the appellants before the Commissioner (A) and subsequently before the Tribunal. The appellants contended that their services do not fall under 'Business Auxiliary Service' as defined in Section 65(19) of the Finance Act, 1994. The Tribunal examined the contract and found that the services provided related to 'Computerized Billing and Revenue Management' system for GESCOM, including software and hardware provision. It was held that only the billing activity would come under 'Business Auxiliary Services', while other services such as supplying computers, generating reports, and data processing fall under 'Information Technology Services', which are excluded from 'Business Auxiliary Services'.2. The Tribunal remanded the case to the Original Authority for re-computation of the Service Tax liability, excluding charges for hiring hardware and Information Technology Services. The appellants requested the cum-duty benefit as they had not collected Service Tax from GESCOM. The Tribunal directed the Original Authority to examine this aspect and decide within four months. The demand was to be confined to the normal period, without invoking the longer period. Therefore, the matter was remanded for re-computation of the tax liability, considering the exclusion of certain charges and the cum-duty benefit requested by the appellants.3. The Tribunal's decision focused on the classification of services provided by the appellant and the applicability of Service Tax. The detailed analysis of the contract and services rendered helped in distinguishing between 'Business Auxiliary Services' and 'Information Technology Services'. The remand for re-computation of tax liability with specific directions regarding the exclusion of certain charges and consideration of the cum-duty benefit showcased a fair and thorough approach in resolving the issues raised by the appellants. The judgment provided clarity on the scope of taxable services and the obligations of the appellants in relation to Service Tax compliance.
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