2015 (2) TMI 349

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....llant as a sight-holder of DTC have the opportunity to examine and purchase the various rough diamonds put up on sale by the DTC. DTC ensures the appellant/importer that the diamonds are not conflict/blood diamonds and carry Kimberley Process Certification, which is essential for import and export of diamonds as per Government of India's directions. Further, DTC certify the diamonds sold through it are ethically produced and conflict-free. The appellant-importer as such benefited in its net worth by service given by DTC. The diamonds are purchased through broker from DTC. Such brokers also advised and assisted the appellant in the matters relating to DTC like re-appointment as sight holder, ensuring appropriate quality of the diamonds a....

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....78 of the Finance Act, 1994. 3.1 The appellant had contested the show-cause notice stating that the same is time barred and extended period was not invocable as the issue was interpretational in nature, as the taxation in Service Tax as regards the import of service was sub-judice and was only settled sometime in the year 2008 by the ruling of the Hon'ble Bombay High Court in the case ofIndian National Shipowners Association Vs. Union of India - 2009 (13) STR 235 (Bom), which was subsequently confirmed by the Apex Court. The appellant had further contended that as regards the same issue Writ Petition No. 2482 of 2006, which was filed on 8.9.2006 challenging, inter alia the constitutional validity of levy of Service Tax on services re....