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TMI Blog2008 (4) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... hideen, JDR, for the Respondent [Order] - One of the miscellaneous applications is for change of the appellant's name to "Ramsar Tex Private Ltd." and the other is for waiver of predeposit and stay of recovery. A copy of "Fresh Certificate of Incorporation" issued by the Registrar of Companies, Tamilnadu is being produced by counsel and the same indicates change of name of the company to Ramsar Tex Private Ltd. with effect from 25.3.1995. The application is allowed and accordingly the name of the party in the Memorandum of Appeal and the stay application stand changed to Ramsar Tex Private Ltd. 2. After examining the records and hearing both sides on the stay application, I note that the issue arising in the appeal stands settled by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... came into force. This date is relevant because the relevant provisions of the Finance Act 1994 were amended by the Finance Act 2000 with effect from 16.11.97 to 1.6.98. These provisions were considered by the lower appellate authorities and it was held that the respondents were not liable to pay service tax on the GTO service received by them during the above period as the demand of tax was raised beyond the time limit prescribed under Section 73 of the Finance Act, 1994 as amended. Learned appellate Commissioners relied on the Tribunal's judgment in L.H. Sugar Factories Ltd. Vs CCE Meerut II, 2004 (165) ELT 161 (Tri), wherein it had been held that a person receiving taxable service from GTO/C F Agent was not covered by the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, the appellants case is that the subject SCNs were issued within the powers of the department under Section 73 (1) (a) of the Finance Act, 1994. Ld. SDR has reiterated this case of the department. Ld. counsels/ consultants, opposing this plea, submit that the above contentions would not stand the test of the ruling given by the apex court in the case of L.H. Sugar Factories (supra). On a perusal of the apex court's judgment in L. H. Sugar Factories case, I find that the above legal proposition made by the appellants is not sustainable inasmuch as their lordships of the apex court rendered their ruling after considering the aforesaid provisions of the Finance Act, 1994 as amended." 4. Following the well established precedent, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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