9911796707
TMI Blog2018 (6) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... asis from receipt of invoices from abroad has become taxable only with effect from 18.4.2006 when Section 66A of the Finance Act, 1994 was enacted. This has been decided by the Hon’ble Bombay High Court in the case of Indian National Shipowners Association [2008 (12) TMI 41 - BOMBAY HIGH COURT] - the demand pertaining to the period upto 18.4.2006 is set aside. Penalty u/s 78 in relation to dem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-2018 - Mr. Ramesh Nair, Member (Judicial) and Mr. Raju, Member (Technical) Shri R.M. Patkar, Consultant, for appellant Shri M.K. Sarangi, Additional Commissioner (AR), for respondent ORDER Per: Ramesh Nair The facts of the case are that the appellant has received services from International Regulatory Authorities of various countries like FDA of USA, TGA of Australia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period 2003 to 2007. In the case of Indian National Shipowners Association vs. UOI 2009 (13) STR 235 (Bom.), which was upheld by Hon ble Supreme Court reported as UOI vs. Indian National Shipowners Association 2010 (17) STR J57 (SC), the service tax on the receipt of foreign services under reverse charge mechanism is payable only from 18.4.2006 after the enactment of Section 66A of the Finance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Hon ble Supreme Court. Accordingly, the demand pertaining to the period upto 18.4.2006 is set aside. As regards the demand of service tax after 18.4.2006, the same is not disputed by the appellant. Accordingly, the service tax along with interest for the said period was deposited. The appellant is only contesting the penalty imposed under Section 78. In this regard, we find that the issue of ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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