Applicability of Service Tax on Sale made to IIT/IIM

[MANOHAR KALBURGI]

Hi Sir/Madam

The case goes like this,

When software is imported for the purpose of resale to IIT/IIM, is it liable for Service Tax?

Since the IIT and IIM falls under the Government Authority and such sale can be taken as a service provided to Government Authority and is it exempted from Service Tax?

The Notification Notification No. 25/2012-Service Tax dated- 20th June, 2012 says only limited services i.e

"12. Services provided to the Government, a local authority or a governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of –

(a) ***

(b) a historical monument, archaeological site or remains of national importance, archaeological excavation, or antiquity specified under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958);

(c) ***

(d) canal, dam or other irrigation works;

(e) pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii) sewerage treatment or disposal; or

(f) ***

“12A. Services provided to the Government, a local authority or a governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of -

(a) a civil structure or any other original works meant predominantly for use other than for commerce, industry, or any other business or profession;

(b) a structure meant predominantly for use as (i) an educational, (ii) a clinical, or(iii) an art or cultural establishment; or

(c) a residential complex predominantly meant for self-use or the use of their employees or other persons specified in the Explanation 1 to clause (44) of section 65 B of the said Act; under a contract which had been entered into prior to the 1st March, 2015 and on which appropriate stamp duty, where applicable, had been paid prior to such date: provided that nothing contained in this entry shall apply on or after the 1st April, 2020;”Inserted vide Notification 9/2016- Service Tax to be in effect from 1 March 2016..

My doubt is, only these services listed in 12 and 12A exempted or even Sale of Software to IIT/IIM also exempt?

Please look into the issue and provide your valuable opinion/s

Thanks in Advance

AI Summary

Service tax on software licences: licences treated as taxable services and exemptions limited to listed construction-related services.
Classification of imported software supplied to IIT/IIM depends on whether it is sold 'as such' (goods) or supplied as a licence/right to use (service). Notification No.25/2012 only exempts specified construction and related services and does not cover software licences to government authorities. Where a right to use licence and maintenance are provided, the supply qualifies as a taxable service and thus attracts service tax.