Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2013 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (12) TMI 560 - CESTAT BANGALOREWaiver of pre-deposit - Stay of recovery - Demand of service tax - Intellectual Property Service - Suppression of material facts - Evasion of service tax - Held that:- entire demand of service tax is on ‘Intellectual Property Service’ held to have been received by the appellant from abroad during the aforesaid period. The demand is in the reverse charge mechanism embodied in Section 66A of the Act. It is also not in dispute that CENVAT credit of any service tax paid by an assessee in the said mechanism can be claimed by them in terms of Rule 3 of the CENVAT Credit Rules 2004 as retrospectively amended under Section 71 of the Finance Act 2011. Again it is not in dispute that the appellant is engaged in the manufacture of excisable products and are paying duty thereon. They are also providing taxable services and paying service tax thereon. In this scenario, the plea of revenue-neutrality raised by the learned counsel is prima facie irresistible. This plea has been raised in the context of contesting the invocation of the extended period of limitation - Conditional stay granted.
|