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        Case ID :

        2018 (4) TMI 1761 - AT - Service Tax

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        Service tax on accredited computer training, online exams and input credit was rejected for lack of taxable character and valid invoice defects. Computer training under full DOEACC accreditation for a recognised course was treated as training leading to an approved qualification, so it was not ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Service tax on accredited computer training, online exams and input credit was rejected for lack of taxable character and valid invoice defects.

                            Computer training under full DOEACC accreditation for a recognised course was treated as training leading to an approved qualification, so it was not taxable as Commercial Training & Coaching and the demand was set aside. Online examination services provided to educational institutions and universities were held not to be Business Auxiliary Service because they were not commercial support services, so no service tax was payable. Denial of input credit was also rejected where the invoices contained the required particulars, including name, address, registration number and service details, making the credit documentation sufficient; the disallowance was set aside and consequential relief followed.




                            Issues: (i) Whether Computer training conducted under DOEACC accreditation was taxable under the head of Commercial Training & Coaching; (ii) whether online examination services rendered to educational institutions and universities were taxable as Business Auxiliary Service; (iii) whether the denial of input credit was sustainable for alleged defects in invoices and compliance with prescribed credit documentation.

                            Issue (i): Whether Computer training conducted under DOEACC accreditation was taxable under the head of Commercial Training & Coaching.

                            Analysis: Training imparted under full accreditation granted by DOEACC Society for the recognised computer course was treated as training leading to an approved course. Services connected with courses or qualifications recognised by law were not liable to service tax under this head.

                            Conclusion: The demand under Commercial Training & Coaching was not sustainable and was set aside.

                            Issue (ii): Whether online examination services rendered to educational institutions and universities were taxable as Business Auxiliary Service.

                            Analysis: The services were rendered to educational institutions and universities and were not commercial in nature. Business Auxiliary Service applies where the service is provided to promote or support the business of another, which was not the character of the present activity.

                            Conclusion: No service tax was payable under Business Auxiliary Service.

                            Issue (iii): Whether the denial of input credit was sustainable for alleged defects in invoices and compliance with prescribed credit documentation.

                            Analysis: The credit was denied on the footing that the invoices did not satisfy the prescribed requirements. However, the documents produced showed the necessary particulars, including name, address, registration number, and service details, sufficient to support availment of credit.

                            Conclusion: The disallowance of input credit was not justified and was set aside.

                            Final Conclusion: The impugned order was set aside, and the appeal was allowed with consequential reliefs in accordance with law.


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                            ActsIncome Tax
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