9911796707
TMI Blog2014 (3) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... oint CDR ORDER Per Justice G. Raghuram: Pursuant to revelations on the basis of audit conducted towards end of 2009, Revenue assumed that the petitioner had provided video production agency service, a taxable service specified under Section 6 (zi) read with the definition of 'Video Production Agency' in Section 65 (119) and definition of 'Video Tape' in Section 65 (120) of the Finance Act, 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts activities do not fall within the ambit of the taxable service alleged; and that in any event, imposition of penalties was arbitrary. 3. The agreement between the petitioner and Discovery Asia, Singapore is dated 1.8.2006. The introductory recitals assert that the petitioner is a company engaged interalia in the business of producing, sourcing, supplying and promoting high quality educational ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d into separate agreements. 4. The adjudicating authority confirmed service tax liability of Rs.5,22,10,109/- ; disallowed cenvat credit of Rs.40,800/- (availed in respect of Golf Club membership fee); ordered recovery of the disallowed cenvat credit; allowed cenvat credit of Rs.37,604/- availed for medical insurance services; and levied interest and penalties, as specified in the order. 5. Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary acts to customize Discovery Asia programmes in accordance with its directions is that of the petitioner; the rendition of this service is the essence of this contractual obligation; and the outsourcing of this service to third party content providers amounts only to sub-contracting its obligation under the contract. Therefore there appears no escape from the liability to tax for having provide ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
