Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2011 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (8) TMI 1119 - CESTAT BANGALOREWaiver of pre-deposit and penalties - The main case of the appellant is that they are not liable to pay Service Tax on the royalty paid as consideration for purchase of technical know-how from abroad inasmuch as the technical knowhow is not recognized or protected by any law in India - Held that: - if Service Tax is required to be paid on the transaction in question, CENVAT credit thereof will be available to them as recipient of the service by virtue of Section 66A of the FA, 1994, resulting in revenue neutral situation - Considering the plea of revenue-neutrality raised by the learned counsel, waiver of pre-deposit and stay of recovery granted - appeal allowed - decided in favor of assessee.
|