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2013 (7) TMI 345 - AT - Service TaxService tax liability appellant had received the services from the service provider who is situated abroad and the period involved is prior to 18.04.06 the issue involved is regarding the service tax liability on the recipient of services who is situated in India and the services rendered from abroad for the period prior to 18.04.06 - Held that - CBEC vide their circular dated 26.09.11 has clearly clarified that service tax liability on any taxable service provided by non-resident or a person located outside India, to a person in India would arise w.e.f. 18.04.06 only - In our view, the circular of CBEC and the judgment of the Apex court in INDIAN NATIONAL SHIPOWNERS ASSOCIATION Versus UNION OF INDIA (2008 (12) TMI 41 - HIGH COURT OF BOMBAY) will cover the issue in favour of assessee - to that extent the order to be set aside. - decided in the favour of the assessee.
Issues:
Service tax liability on the recipient of services from abroad for the period prior to 18.04.06. Analysis: The judgment by the Appellate Tribunal CESTAT Ahmedabad pertains to a case concerning service tax liability on services received by a recipient in India from abroad before 18.04.06. The issue was whether the recipient is liable to pay service tax for such services. The Tribunal noted that the Central Board of Excise and Customs (CBEC) circular dated 26.09.11 clarified that service tax liability on services provided by non-residents to individuals in India would arise only from 18.04.06 onwards. The appellant had received services from a foreign service provider before the specified date, and the demand was based on the recipient being situated in India. The Tribunal considered the judgment of the Hon'ble High Court of Bombay, which was upheld by the Apex Court, in the case of Indian National Ship Owners Association. This judgment supported the assessee's position. Additionally, the Tribunal relied on the CBEC circular and the Apex Court's decision to conclude that the service tax liability on the recipient for services rendered by a non-resident before 18.04.06 is not applicable. Consequently, the Tribunal set aside the impugned order confirming the demand on the appellant and disposed of the application and appeal in favor of the assessee. The Tribunal's decision was based on the interpretation of the relevant legal provisions, the CBEC circular, and the precedent set by the higher courts. By aligning with the circular and the judicial decisions, the Tribunal ruled in favor of the assessee, highlighting that the service tax liability on the recipient for services provided by non-residents before 18.04.06 is not enforceable. The judgment provides clarity on the issue of service tax liability in such circumstances and upholds the legal position established by the higher courts and the CBEC circular.
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