Govt sets aside Rs10,000 crore service tax demand on IT firms
The govt had asked IT/ITes companies to return export benefits claimed between 2012 and 2016 on softwares provided to clients outside India
New Delhi: The government on Tuesday said it has set aside Rs10,000 crore service tax demand on dozens of IT companies.
The tax department had slapped service tax demand notices on about 200 IT and IT-enabled services companies in the country. It had asked them to return export benefits claimed between 2012 and 2016 on softwares provided to clients outside India.
The government’s move comes a day after IT companies raised the issue of tax demand with finance minister Arun Jaitley in the customary pre-budget consultations. The finance ministry issued a statement to state that the commissioner (appeals) set aside the orders of the lower adjudicating authority.
The statement referred to reports of tax officials raising tax demand in respect of export of IT/ITes provided to clients abroad. The notices, it said, had been reportedly sent on “the basis of place of supply rules in respect of these services which were apparently provided in India and therefore were liable to be taxed”.
“In a subsequent development, the Commissioner (Appeals) set aside the orders of the lower adjudicating authority where refund was disallowed and has also upheld the orders where refund had been granted,” the statement said. As a result, apprehensions about the negative effects on the software industry are without basis, it added.
IT industry association Nasscom had on Monday said it has got an assurance from the government that the service tax notices served to several IT companies has been corrected and the issue has been resolved. The tax notices, reports had stated, were based on the premise that supplying software to clients outside India does not tantamount to exports for IT and ITes companies because the client sends specifications through email.
In view of the tax department, the email containing specifications is nothing but goods made available to the Indian firm to provide IT/ITes services to the foreign buyer and so it is a service.
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