9911796707
TMI Blog2013 (12) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant from abroad during the aforesaid period. The demand is in the reverse charge mechanism embodied in Section 66A of the Act. It is also not in dispute that CENVAT credit of any service tax paid by an assessee in the said mechanism can be claimed by them in terms of Rule 3 of the CENVAT Credit Rules 2004 as retrospectively amended under Section 71 of the Finance Act 2011. Again it is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjudged dues. The impugned demand of service tax and education cesses is under the head Intellectual Property Service for the period from April 2005 to March 2009. It stands confirmed against the appellant in adjudication of a show-cause notice which was issued on 22.03.2010 invoking the proviso to Section 73(1) of the Finance Act 1994 on the alleged ground that the appellant suppressed mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r (AR) on this and other aspects. 2. It is not in dispute that the entire demand of service tax is on Intellectual Property Service held to have been received by the appellant from abroad during the aforesaid period. The demand is in the reverse charge mechanism embodied in Section 66A of the Act. It is also not in dispute that CENVAT credit of any service tax paid by an assessee in the said m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rucial issues and are of opinion that the appellant should pre-deposit an amount of Rs. 7.5 lakhs under Section 35F of the Central Excise Act within 6 weeks and report compliance to the Deputy Registrar on 20.05.2013. Deputy Registrar to report on 27.05.2013. Subject to due compliance, there will be waiver of pre-deposit and stay of recovery in respect of the balance dues. (Pronounced and dictat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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