2013 (11) TMI 767

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....tax. In addition, penalties under Sections 75 and 76 have also been imposed. The second appeal has been filed by the Revenue against the dropping of the penalty under Section 78 of the Finance Act, 1994. 2. The appellants, M/s. TAM Media Research Pvt. Ltd., are engaged in providing market research. They are conducting the market research on behalf of certain customers situated abroad. After conducting the market research, the results of the same are communicated to their clients abroad and consideration for the said service has been received in convertible foreign exchange. The period under dispute is from 1.3.2003 to 19.11.2003. There is no dispute on the fact that the appellant is providing market research service which is liable to ta....

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....the records of the case. We find that there are no disputes on the facts, i.e. the appellant is providing market research service, the results of the same are being sent abroad and the consideration for the same is being received in convertible foreign exchange. We note that the Board has issued circular No. 56/5/2003-ST dated 25.4.2003. The said circular reads as under:-    "Subject :- Non levy of service tax on export of services - Regarding    The Central Government has issued Notification no.2/2003 dated 1.3.2003 in the current year's Budget rescinding the earlier Notification no. 6/99 Service Tax dated 9.4.99 which exempted taxable services from payment of service tax so long as payment for services rendered i....