9911796707
TMI Blog2014 (8) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... As such the prayer is to dispense with the condition of pre-deposit of balance amount of Service Tax of Rs. 61,92,828/-. 2. After hearing both the sides duly represented by Shri Mahish Gaur, ld. Advocate appearing for the appellants and Shri Govind Dixit, ld. DR appearing for the Revenue, it is seen that the appellants are engaged in the manufacture of excisable goods falling under Chapters 29, 30 & 33 of the 1st Schedule to the Central Excise Tariff Act. They entered into an investment agreement with M/s. NSR Direct PE Mauritius LLC. As per Clause 3.1.10 of this agreement, the completion of financial, accounting and legal due diligence of the company by the company to the satisfaction of the investor and the company providing its fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e investor M/s. NSR, though as per the agreement, the payment for the legal due diligence stands made by them. It is further stands contended that the legal due diligence falls within the nature of legal services and was not falling under the 'management and business consultancy services'. The adjudicating authority has not accepted the above stand of the appellant on the ground that the services of Shri Keshwani were in relation to study of the sale and purchase contracts of the noticee with the Chinese parties and not for any litigation purposes so as to indicate all the services were in relation to legal matters. The contention of the appellant is that litigation is not one of the essential factors for bringing the services under legal d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curities & Capital Markets (I) P. Ltd. - 2009 (13) S.T.R. 62 (Tri.-Mum.) 6. The Tribunal in the above cases has observed that legal services cannot be taxed under the category of management consultant services and has accordingly granted unconditional stay to the appellants. By following the above decisions and without going into the alternative submissions of the services having been provided to the potential investor and not to the appellant and the demand being barred by limitation, we waive with the condition of pre-deposit of dues confirmed against the appellant and penalties imposed against them and stay the recovery of the same during the pendency of the appeal. Stay petition is allowed in above terms. (Pronounced in the open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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