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CESTAT allowed the appeal and set aside the impugned service-tax demand and penalty. The Tribunal found the adjudicating authority failed to furnish reasoned findings that the appellant's receipts of anti-virus software from foreign suppliers constituted taxable ITSS services or involved transfer of a right to use; the contractual matrix showed no EULA between the appellant and foreign vendors and the right to use was conferred to end-users. Precedents relied upon by revenue were distinguished on the facts. Given admitted over-payment resulting in revenue neutrality and absence of deliberate suppression or mala fides, the extended limitation period and imposition of penalty were held inapplicable.
CESTAT allowed the appeal and set aside the impugned service-tax demand and penalty. The Tribunal found the adjudicating authority failed to furnish reasoned findings that the appellant's receipts of anti-virus software from foreign suppliers constituted taxable ITSS services or involved transfer of a right to use; the contractual matrix showed no EULA between the appellant and foreign vendors and the right to use was conferred to end-users. Precedents relied upon by revenue were distinguished on the facts. Given admitted over-payment resulting in revenue neutrality and absence of deliberate suppression or mala fides, the extended limitation period and imposition of penalty were held inapplicable.
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