Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2017 (5) TMI 1708

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....DR ORDER Per S.K. Mohanty: This appeal is directed against impugned order dated 24.12.2010 passed by the Commissioner of Service Tax, Delhi, wherein Rs. 2,49,79,235/- was confirmed against the appellant along with interest and penalties were imposed under various provisions of Finance Act, 1994. The service tax demand confirmed in the adjudication order mainly relates to export of services, im....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s, 2005. Thus, the ld. Advocate submits that no service tax is liable to be paid by the appellant, since the recipient of such service is situated abroad. The ld. Advocate has referred to the findings of the adjudicating authority at page-46, wherein the applicability of the Circular dated 24.02.2009, in the circumstances of the case has not been discussed. With regard to other services provided w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... received the services from the Overseas Service Provider prior to 18.04.2006. Since Section 66 A was inserted by Finance Act, 2006 w.e.f. 1.5.2006, we are of the view that the services provided prior to 18.04.2006 will not be leviable to service tax under reverse charge mechanism. We find that the Hon'ble Bombay High Court in the case of Indian National Shipowners Association Vs. Union of India -....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ever, the adjudicating authority has not discussed this aspect in the impugned order. In this context, we also find that this Tribunal in the case of SGS India Pvt. Ltd. - 2011 (24) STR 60 (Tribunal-Mumbai), by placing reliance on the Hon'ble Supreme Court's judgment in the case of All India Federation of Tax Practitioners Vs. Union of India - 2007 (7) STR 625 (SC) and the Circular dated 25.04.200....