1. The writ petition is for declaration to declare the Circular dated 7.10.2005 issued by the second respondent, the Central Board of Excise and Customs as ultra vires section 83 of Finance Act, 1994 read with sections 37B and 65(19) of the Central Excise Act, 1944 and is in violation of Articles 14, 19(1)(g) and 265 of the Constitution of India insofar it relates to the petitioner.

2. The petitioner which is engaged in the business of publishing newspapers and periodicals had entered into a contract on 31.10.2000 with CCI Europe A/S Denmark for the supply of software for pagination system. That apart, an agreement for maintenance of software was also entered, by which the petitioner paid DKK 2,209,690 equivalent to Indian Rupees 1.66 crores (approximately).

(a) The second respondent issued a circular on 17.12.2003 to the effect that the software service would be outside the purview of service tax and it is also stipulated in section 65(19) of the Finance Act, 1994 that it does not include Information Technology Services and as per the explanation to that Section, the maintenance of computer software is included in information technology service.

(b) After the judgment w