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Supreme Court of India · 2023-08-14

COMMISSIONER OF SERVICE TAX MUMBAI II vs M/S. 3I INFOTECH LTD.

Citation / case number
SC 2019/9243
Court
Supreme Court of India
Petitioner
COMMISSIONER OF SERVICE TAX MUMBAI II
Respondent
M/S. 3I INFOTECH LTD.
Author
HON'BLE MR. JUSTICE ABHAY S. OKA
Bench
HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The Supreme Court examined appeals related to service tax demands issued under Section 73 of the Finance Act, 1994, concerning the classification and liability for service tax on software and related services. The case involved the interpretation of whether software purchased from third parties and sold on VAT was liable for service tax, and whether the software developed by the assessee attracted such tax. The Tribunal's remand order highlighted the need for clarity on the computation of service tax liability and the scope of taxable services. The Court's decision clarified the circumstances under which service tax is applicable to software transactions.

COMMISSIONER OF SERVICE TAX MUMBAI II vs M/S. 3I INFOTECH LTD. · Niyam