9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (1) TMI 550 - AT - Service TaxService tax liability - Import of service - appellant submits that as a recipient, they are not liable to pay Service Tax prior to 18.4.2006 on which date Section 66A was introduced in the Finance Act, 1994 - As per the decision of the Hon ble High Court of Bombay in the case of Indian National shipowners Association Vs. Union of India 2008 -TMI - 32013 - HIGH COURT OF BOMBAY ,decided in favour of assessee.
Issues:
Challenge to levy of Service Tax against the appellants as recipients of services from foreign-based firms. Analysis: The appeal challenges the imposition of Service Tax on the appellants, who received services from foreign-based firms. The appellant argues that they are not liable to pay Service Tax before 18.4.2006, citing the introduction of Section 66A in the Finance Act, 1994. They rely on a decision by the Hon'ble High Court of Bombay in a specific case. On the other hand, the department contends that the levy of Service Tax on the recipient is valid from 1.1.2005, based on a ruling by the Larger Bench of the Tribunal in a different case. The Tribunal carefully considers both submissions and the records presented. The dispute revolves around whether the recipient can be held liable to pay Service Tax before 1.1.2005, specifically before "Consulting engineering service" was notified under a particular notification. The Tribunal notes that the previous decision did not address the validity of the levy from 1.1.2005 onwards but only focused on the period before that date. The decision relied upon by the appellant is deemed applicable to the present case, as it discusses the impact of the introduction of Section 66A of the Finance Act. The Tribunal also mentions that the Supreme Court dismissed the appeal filed against the decision cited by the appellant. Consequently, the Tribunal rules that the order demanding Service Tax for the period before 18.4.2006 cannot be upheld. Therefore, the impugned order is set aside, and the appeal is allowed with consequential relief as per the law.
|
