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TMI Blog2015 (2) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... arties. 2. The appellant M/s Interjewel Pvt. Ltd. is engaged in the business of manufacture and sale of cut and polished diamonds. The appellant imported rough diamonds from M/s Diamond Trading Company (DTC in short) which is part of M/s De Beers Ltd., U.K. The appellant is a sight-holder of DTC. The appellant as a sight-holder of DTC have the opportunity to examine and purchase the various rough ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s commission to M/s Bonas & Co. Ltd. on each consignment of their purchase. Such rough diamonds, after procurement are cut and polished by the appellant and they are again sold in the market, of which major portion is exported. For such services, the appellant remits commission by way of foreign exchange remittance, which is 1% of purchase value of the rough diamonds, as billed by DTC and the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ices (provided from outside India and received in India) Rule, 2006, along with demand of interest and penalty was also proposed under Sections 76, 77 and 78 of the Finance Act, 1994. 3.1 The appellant had contested the show-cause notice stating that the same is time barred and extended period was not invocable as the issue was interpretational in nature, as the taxation in Service Tax as regards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd that the Revenue had filed its reply earlier on 29.11.2006. However, the show-cause notice in the year 2011 was adjudicated and the proposed demand confirmed by the impugned Order-in-Original dated 16.4.2014. The demand was confirmed classifying the service under the head "Business Auxiliary Services" and "Support Services of Business and Commerce" as defined under Section 104c read with Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax, by way of pre-deposit suo moto for Rs. 10,20,000/- vide 3 challans, a copy of which has been filed and placed in record. The appellant accordingly prays for grant of stay till disposal of the appeal. 5. The learned DR relies on the impugned order and prays for putting the appellant to terms. 6. Having considered the rival contentions, we find that the whole demand relates to extended period. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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