2010 (7) TMI 229 - AT - Service Tax

Reverse Charges - Service tax demand on Intellectual Property Services received from abroad by the assessees in India has been confirmed for the period up to 31-3-2005. Held that - in the light of the various decisions, the service tax liability in their case arises only with effect from 18-4-2006. Thus the entire demand and penalty are not sustainable.

Summary

The Appellate Tribunal CESTAT, Chennai ruled in favor of the assessees regarding the service tax demand on Intellectual Property Services received from abroad, stating that the tax liability arises only from 18-4-2006 onwards. The demand and penalty imposed were not sustainable for the entire period from 10-9-2004 to 31-3-2006. The assessees' appeal was allowed, and the revenue's appeal was dismissed.