information technology service

SC dismissed excise department plea to levy service tax on IBM India’s application

The Supreme Court has dismissed the plea of the excise department to levy service tax on IBM India's application software -- enterprise resources planning software system (implementation service). A bench headed by justice SH Kapadia rejected the plea of the commissioner of central excise alleging that IBM had failed to pay service tax on its enterprise resources planning (ERP) software system (implementation service) used to facilitate the flow of information between al..
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Once the taxable service is exported and various input services have been utilized for providing the output service the service provider is entitled for the rebate

Moreover, on going through the records^ we are satisfied that the appellants had fulfilled the five conditions of Notification No. 12/2005 already enumerated in the submission of the appellants these circumstances, the impugned orders do not have any merit. The appellants are entitled for the rebate in respect of all the rebate claims filed by them during the relevant period. In view of the above findings we allow the appeals with consequential relief.
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Applicability of Service tax on billing and data processing done by CA firm for Power Distribution Company

In terms of the Board's clarification dated 28-2-2006, the service rendered namely outsourcing of spot billing work by APCPDCL would come within the ambit of business support service which is liable to service tax only with effect from 2006.
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