TMI Blog2022 (4) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... F SERVICE TAX, KOLKATA (NOW COMMISSIONER OF CENTRAL GOODS SERVICE TAX CENTRAL EXCISE, KOLKATA SOUTH) [ 2020 (12) TMI 534 - CESTAT KOLKATA] wherein, the issue has been decided in favour of a similarly placed taxpayer. The learned Kolkata Bench has elaborately considered the relevant provisions as well as orders of various Benches of CESTAT and also that of the decision of the Hon ble Bombay Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P DINESHA A show-cause notice dated 21/10/2010 was issued based on the agreement between players and franchisee and MOU between M/s. United Breweries Limited (UBL for short) and M/s. Royal Challengers Sports Private Limited (RCSPL for short), alleging thereby that the appellant had provided the services of promotion or marking of goods/services by engaging himself in carrying advertising, pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tailed reply denying any liability as proposed but, however, the adjudicating authority vide Order-in-Original dated 31/05/2011 chose to confirm the demand of service tax as well as interest and penalties as proposed. Aggrieved by the demands, the appellant filed appeal before the First Appellate Authority and the First Appellate Authority vide impugned Order-in-Appeal having upheld the demand as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the Hon ble Bombay High Court in the case of Indian National Shipowners Association Vs. Union of India - 2009 (14) S.T.R. 289 (Bom.) wherein it has been held that the activity of the appellant therein could not be subjected to levy of service tax under Business Auxiliary Service prior to July 1st, 2010. Said order of learned Kolkata Bench applies to this case in all force since one of us ..... X X X X Extracts X X X X X X X X Extracts X X X X
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