9911796707
TMI Blog2007 (6) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... ation from India. Stay Granted - Appeal No. 63/2007-Mum - Stay Order No. S/436/2007-WZB/CSTB/C-I - Dated:- 1-6-2007 - [Order per : T.K. Jayaraman, Member (T)]. - In terms of Order-in-Original No. 12/STC/S.J. Singh/07, dated 15-1-2007 passed by the Commissioner of Service tax, Mumbai, the appellants are required to pre-deposit Service tax amounting to Rs. 18,55,51,047/- on the gross receipt for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... benefit of the exemption Notification No. 6/99-S.T. and Notification No. 21/2003-S.T. on the ground that they had received payment for taxable services rendered by them in convertible for foreign exchange during the relevant period. The said notifications exempt Service Tax in case payment is received in India in convertible foreign exchange. There is no dispute that the appellants received the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the notification and therefore would not be entitled for exemption. The learned Advocate argued at length that plain reading of the proviso would indicate only if the entire payment received for the services rendered is repatriated, they would be covered by the proviso and not otherwise. The learned Advocate stated that the appellants derived income from several sources and one of the sources ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not include the payment received in foreign exchange for the taxable services in their income. This will be very much against the provisions of Income-tax Act and the Companies Act. On a very careful consideration of the entire issue, we find that prima facie the appellants have a strong case. A careful reading of the proviso indicates that only if the entire payment for taxable services render ..... X X X X Extracts X X X X X X X X Extracts X X X X
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