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TMI Blog2013 (10) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... s Associations (2008 (12) TMI 41 - HIGH COURT OF BOMBAY), which has been upheld by the Hon’ble Supreme Court. Accordingly, predeposit of dues relating to ST Appeal No.250/11 is waived and its recovery stayed during the pendency of Appeal. Prima facie, we agree with the ld. Special Counsel for the Revenue that the installments paid after 18.04.2006 could be subjected to levy of service tax under Intellectual Property Rights. Thus, the Applicant could not able to make out a prima facie case for the installments paid after 18.04.2006. In these circumstances, keeping in view the interest of the revenue and the principle of laws settled in disposal of stay petition by the Hon’ble High Court and the Hon’ble Supreme Court, we direct the Applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vocate submitted that the payment made prior to 18.04.2006 to the overseas supplier cannot be chargeable to service tax under the reverse mechanism, as Section 66A has been brought into effect from 18.04.2006. In this connection, he has referred to the judgment of the Hon ble Bombay High Court in the case of UOI vs. Indian National Shipowners Associations 2009(13) STR 235(Bom.), which has been upheld by the Hon ble Supreme Court reported as 2011(17)STR-J-57(SC). The ld. Advocate further submitted that the Applicant had started discharging the tax on the third installment onwards. It is his submission that they are taking the issue of discharging service tax with overseas supplier on the second installment, which they have not received till ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terest of the revenue and the principle of laws settled in disposal of stay petition by the Hon ble High Court and the Hon ble Supreme Court, we direct the Applicant to deposit the entire amount of Service Tax of Rs.90,86,338/- (Rupees ninety lakh eighty-six thousand three hundred and eighty-eight) (relating to ST Appeal No.251/11) within a period of twelve weeks from today, and on deposit of the said amount, the balance dues adjudged would stand waived and its recovery stayed during pendency of the Appeals. Failure to deposit the said amount would result into dismissal of the said ST Appeal No.251/11 without further notice to the Applicant. Compliance to be reported on 22.10.2013. (Dictated and pronounced in the open court.) - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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