2025 (6) TMI 532 - AT - Service Tax

Levy of service tax - payments relating to travelling conveyance and stay made by the appellant to their foreign licensor - IT support services were to be classified as OIDAR services or not. Whether the payments relating to travelling conveyance and stay made by the appellant to their foreign licensor were liable to pay service tax and the period of disputes are 2008-2009 and 2009-2010 - HELD THAT - The demands for the period 2004-2005 to 2007-2008 was set aside by this Tribunal in TOYOTA KIRLOSKAR AUTO PARTS PVT. LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE (APPEALS) (LTU) BANGALORE 2024 (6) TMI 1469 - CESTAT BANGALORE wherein the Tribunal held that the expenses incurred by the appellant towards travel conveyance and stay of the foreign trainers cannot be included in the value since these expenses are not towards the provision of such service has defined in Section 67 of Finance Act 1994. Therefore the expenses incurred by the appellant are not includable in the taxable value consequently the differential duty demanded and confirmed by the adjudicating authority is not legally tenable hence the impugned order is liable to be set aside and we do so. Whether the IT support services were to be classified as OIDAR services and whether the appellant is liable to be service tax on the same? - HELD THAT - This issue also stands settled in favour of the appellant in their own case for the previous period vide Final Order. No. 21535/2024 dated 13.12.2024 2025 (1) TMI 539 - CESTAT BANGALORE wherein this Tribunal held From the contract it is evident that the Toyota Motor Asia Pacific Pte Ltd Singapore is not involved in the generation or the usage of data. In these circumstances when Toyota Motor Asia Pacific Pte Ltd Singapore maintains the functioning of the network we cannot say that Toyota Motor Asia Pacific Pte Ltd Singapore online information and data access or retrieval services to the appellant to demand service tax under Reverse Charge Mechanism (RCM). Since the issue is squarely covered by the decisions as stated above the appeal filed by the appellant is sustainable. The demands in the impugned orders cannot be sustained - Appeal allowed.

Summary

The core legal questions considered by the Tribunal in these appeals pertain to the applicability of service tax under the Reverse Charge Mechanism (RCM) on payments made by the appellant for specific services received from foreign entities during the periods 2008-2009 and 2009-2010. Specifically, the issues are:

1. Whether payments made by the appellant towards travelling, conveyance, and stay of foreign trainers qualify as taxable services under the Finance Act, 1994, thereby attracting service tax liability under RCM.

2. Whether IT support services obtained from foreign entities, classified as "Online Information and Database Access or Retrieval" (OIDAR) services, are liable to service tax under RCM when received by the appellant.

Issue 1: Taxability of payments for travelling, conveyance, and stay of foreign trainers

The relevant legal framework is Section 66A of the Finance Act, 1994, which imposes service tax liability on the recipient of specified services under the Reverse Charge Mechanism. The valuation of taxable services is governed by Section 67 of the Act. The Tribunal relied on its prior decision dated 14.06.2024 (Final Order No. 21596/2024) which held that expenses incurred towards travel, conveyance, and stay of foreign trainers do not constitute the provision of "such service" as defined under Section 67.

The Court's reasoning emphasized that these expenses are incidental and not directly linked to the provision of the taxable service itself. The Tribunal noted that including such expenses in the taxable value would be contrary to the statutory definition and legislative intent. The key finding was that these expenses are not includable in the taxable value of the service, and thus the demand for service tax on these expenses was not legally tenable.

In applying this legal principle to the facts, the Tribunal observed that the appellant's payments for foreign trainers' travel and stay were similar in nature to the disallowed expenses in the earlier period, and hence the demand for the disputed period could not be sustained. The Revenue's argument for taxing these expenses was rejected as inconsistent with the Tribunal's earlier ruling and the statutory provisions.

Consequently, the Tribunal concluded that the impugned orders confirming service tax demands on these expenses were liable to be set aside.

Issue 2: Taxability of IT support services as OIDAR services

This issue concerns whether IT support services obtained from foreign entities qualify as OIDAR services under the Finance Act, 1994, thereby attracting service tax under RCM. The Tribunal referred to its earlier ruling dated 13.12.2024 (Final Order No. 21535/2024), which examined the nature of the services and the contractual arrangements.

The Tribunal applied the principle established in the precedent of United Telecom, which clarified that the ownership and control over data are critical factors in classifying a service as OIDAR. The Tribunal found that the foreign entity (Toyota Motor Asia Pacific Pte Ltd, Singapore) was not involved in generating or using the data but merely maintained network functionality.

On this basis, the Tribunal held that the service provided did not amount to "online information and data access or retrieval" services as defined for taxation purposes. Therefore, the appellant was not liable to pay service tax under RCM on these IT support services.

The Revenue's contention that these services should be taxed was dismissed as contrary to the established legal position and the facts of the contract. The Tribunal emphasized that the issue was squarely covered by binding precedent and hence the demand could not be sustained.

Significant holdings and principles established

The Tribunal succinctly stated in relation to the first issue: "We find that the expenses incurred by the appellant towards travel, conveyance and stay of the foreign trainers cannot be included in the value, since these expenses are not towards the provision of 'such service' as defined in Section 67 of Finance Act, 1994."

Regarding the second issue, the Tribunal held: "Since the issue is squarely covered by the decisions as stated above, the appeal filed by the appellant is sustainable," referring to the principle that mere maintenance of network functionality without involvement in data generation or usage does not constitute OIDAR services liable to service tax under RCM.

The final determinations are that the service tax demands confirmed by the Commissioner (Appeals) for the periods 2008-2009 and 2009-2010 on payments for foreign trainers' travel and stay, as well as on IT support services classified as OIDAR, are unsustainable and must be set aside. The Tribunal allowed all three appeals accordingly.