2014 (10) TMI 457

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....DR ORDER PER: R.K. Singh; M/s. Jps Associates Pvt. Ltd. (hereinafter referred to as the appellants) filed stay application alongwith their appeal against Order-in-Appeal No. 221/S.Tax/D-II/2012 dated 15.11.2012 in terms of which service tax amount of Rs. 24,68,326/- was confirmed alongwith interest and mandatory and other penalties against the appellants for evading Service Tax on managem....

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....quired to pay service tax. Further an amount of Rs. 27,73,199/-was received by the appellants in convertible foreign exchange and therefore no service tax is leviable thereon. The appellants also referred to CBEC Trade Notice No. 53-CE/(Service Tax)/97 dated 04.07.1997 which in para 4.4 states as under: The services should be rendered to a client directly, and not in the capacity of a sub-consu....

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....at the amount of consideration received in free foreign exchange would not merit taxability. It is also seen that the Trade Notice No. 53-CE/97 dated 04.07.1997 in its para 4.4 quoted earlier clearly creates an impression that sub-consultants are not required to pay service tax. Even if the contention of the Ld. AR is conceded that the said Trade Notice does not reflect the correct legal position,....