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2013 (4) TMI 322 - CESTAT BANGALORETransaction between the associated enterprises - demand confirmed constituent to amendment dt. 10/05/2008 to Section 67 of the Finance Act where it has been made mandatory that service tax in respect of transaction between associated enterprises should be paid based on debiting the amount to the account of the associated enterprises, irrespective of whether the amount was received or not - Held that:- Regarding the demand of Rs.49.7 cores merit in the submission that the demand should have been restricted to the amount actually realized and not on the billed amounts. The appellant has not made such a claim before the Commissioner. However, for the purpose of stay, this submission into account has to be taken into consideration. Regarding the demand of Rs.13 crores (approximately) in respect of transaction between the associated enterprises and the appellant appellant has a case in their favour in the light of the decision in the case of Sify Technologies Ltd. (2012 (5) TMI 376 - CESTAT, CHENNAI). Thus a sum of Rs.50 lakhs stands paid and appropriated in the impugned order. Thus appellant directed to deposit a further sum of Rs.2 crores within six weeks from today and report compliance to the Assistant Registrar on 25/09/2012 and Assistant Registrar to report to the Bench on 03/10/2012.
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