2006 (11) TMI 585

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....on the stay petition. The relevant facts, in brief, are as follows: (a) The appellant M/s. Paras Advertising and Marketing Services Pvt. Ltd., have entered into an agreement dated April 1, 1997 with M/s. Paras Pharmaceuticals Ltd., to render such services as "market organizer of its products for the promotion, sale and distribution". (b) As per the agreement, the appellant is required to ....

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....advertisement agency of the manufacturer and the manufacturer itself; 7.. Exercising control over the clearing and forwarding agents and consignee agents and auditing their performance; 8.. Providing additional services of supervising other marketing activities for arranging display, house-to-house campaign, market research, etc.; 9.. Appointment of wholesale dealers, stockists, consignee....

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....8 besides imposing penalty at Rs. 200 per day for delay in payment of service tax under section 76 of the Finance Act, 1994; penalty of Rs. 6,000 under section 77 of the Finance Act, 1994; penalty of Rs. 2,00,00,000 under section 78 of the Finance Act, 1994; penalty of Rs. 500 under section 75A of the Finance Act, 1994 and also imposed interest under section 75 of the Finance Act, 1994. Shri Ashwi....

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....gh the various clauses, according to which the appellant is involved directly or indirectly in many functions which are attributable to a clearing and forwarding agent. The order of the Tribunal in the case of Larsen & Toubro Ltd. [2006] 3 STR 321 (Tri-LB) is not applicable to this case. We have carefully considered the matter. The agreement envisages several functions. Having received payments....