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2018 (1) TMI 1628

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....n, Advocate. For the Respondent Sh. Rachit Jain, AR. Per: Justice (Dr.) Satish Chandra: The present appeal is filed by the department against the order-in-original No. 159/GB/2012 dated 28.09.2012 passed by the Commissioner, Service tax, New Delhi. The period of dispute is 2006-07. 2. Brief facts of the case are that the respondent-assessee during the year 2006-07 had raised Foreign Currency C....

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....dico. Against such services, Jefferies was compensated with a management and underwriting commission equivalent to 2.5% of the principal amount of the bonds. The underwriting commission constituted 99% of the total commission. For the said services, assessee paid Rs. 11.47 crores to Jefferies on which service tax demand was raised. The department is of the view that under the reverse charge mechan....

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....te Sh. Rachit Jain justified the impugned order. He submits that both the documents were submitted at the time of investigation but of course, the agreement was unsigned. The Commissioner in the impugned order (para 32) has taken cognizance of the same and observed that the agreement was produced before him. 7. After hearing both the parties and on perusal of record, it appears that in the instan....