9911796707
TMI Blog2014 (8) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... l due diligence. As against the above, Revenue has not placed on record any evidence to suggest that the said legal due diligence service provided by Shri Keshwani was not for legal due diligence but for general due diligence. As such at this prima facie stage, we proceed on the ground that the services provided by Shri Keshwani were for legal due diligence - legal services cannot be taxed under the category of management consultant services - Stay granted. - ST/2378/2012 - Stay Order No. ST/S/920/2012-Cus.(PB) - Dated:- 20-9-2012 - Ms. Archana Wadhwa, Member (J) and Shri Mathew John, Member (T) Shri Manish Gaur, Advocate, for the Appellant. Shri Govind Dixit, DR, for the Respondent. ORDER Vide his impugned order Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts to the potential investor M/s. NSR Direct. As the payment for conducting such legal due diligence was made by the appellants to Shri Keshwani, Revenue entertained a view that the appellant is required to pay service tax, as recipient of the said services. Accordingly by treating the said services as falling under management or business consultancy services , a Show Cause Notice (SCN) was raised on 24-11-2011 proposing confirmation of said demand along with interest and for imposition of penalty. The said SCN stands culminated into an impugned order passed by Commissioner. 4. After hearing both the sides and after going through the impugned order, we find that the main issue required to be decided is as to whether the legal due dili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of the contract referred to by the adjudicating authority in the impugned order reveal that the legal due diligence is required to be got done by the appellant. For the said purposes Shri Keshwani, legal consultant located in China was appointed. Bills raised by Shri Keshwani very clearly reveals that the same is towards international legal due diligence. As against the above, Revenue has not placed on record any evidence to suggest that the said legal due diligence service provided by Shri Keshwani was not for legal due diligence but for general due diligence. As such at this prima facie stage, we proceed on the ground that the services provided by Shri Keshwani were for legal due diligence. If that be so, the Tribunal in the follow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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