2015 (2) TMI 973 - AT - Service Tax

Tribunal classifies foreign vendor services under Telecommunication, not Business Support for tax liability.

Webex Communications India Pvt Ltd Versus Commissioner of Service Tax, Bangalore

Webex Communications India Pvt Ltd Versus Commissioner of Service Tax, Bangalore - TMI Issues:Classification of services under Telecommunication Service or Business Support Service for the purpose of service tax liability.Analysis:The appellant, a private limited company, provided audio-conferencing and web-conferencing services to customers in India and abroad. The issue revolved around whether the services procured from foreign vendors, InterCall Inc. and Singtel, should be subject to service tax. The appellant contended that the services fell under Telecommunication Service as per Section 65(105)(109a) of the Finance Act 1994, supported by a Board's clarification and a tribunal decision in Infosys Ltd.'s case. On the other hand, the Revenue argued for classification under Business Support Service, citing precedents like Cellebrum Com Pvt. Ltd. and TCS E-Serve Ltd.The Tribunal analyzed the definitions of Telecommunication Service and Business Support Service under the law. It noted that the services provided by the foreign vendors, including call management services, aligned with the definition of Telecommunication Service. The Tribunal also considered the Board's circular and the Infosys Ltd. case, which supported the appellant's stance. The Tribunal emphasized that the specific classification of Telecommunication Service should prevail over a general classification like Business Support Service. Therefore, it held that the services in question were correctly classifiable under Telecommunication Service, and the demand for service tax was not sustainable.Regarding the argument that the foreign service providers were not licensed by the Indian Telegraph Authority, the Tribunal rejected the notion that this automatically classified the services as Business Support Service. It clarified that the key factor was whether the services provided met the criteria of Telecommunication Service, irrespective of licensing. The Tribunal emphasized the importance of specific classification over general categories and concluded that the services should be classified under Telecommunication Service. Consequently, the appellant was granted a waiver of pre-deposit and a stay against recovery during the appeal process.In summary, the Tribunal ruled in favor of the appellant, holding that the services procured from foreign vendors for audio and web conferencing were correctly classifiable under Telecommunication Service, not Business Support Service, for the purpose of service tax liability. The decision was based on the definitions under the law, relevant precedents, and the specific nature of the services provided, emphasizing the importance of accurate classification for tax purposes.