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2018 (12) TMI 506 - HC - Service TaxManagement or Business Consultant Service - Non-payment of service tax - assistance in implementing Clean Development Mechanism (CDM) - sale and management of certified emission reduction certificates (CERs) - recovery of Service tax on reverse charge basis - Circular of the Board dated 27.06.2011. Held that:- The definition under Section 65(65) of the Act, 2007 is in the widest possible term. The Agreement thereafter will have to be read and interpreted from what had been agreed between the parties which in our opinion is unambiguous. Obligations were created in terms of the Agreement which have been reproduced in earlier part of the order where the UK Company was also obligated to provide services in marketing the CERs to beget favourable terms for the petitioner- Company. Keeping in mind that such concepts and obligations which have been created in terms of the Kyoto Protocol and the Agreement arising out of climate change, there has been some debate on such issue and no final opinion was available during the period such demand had been made, therefore, the Court could be inclined to hold that there may not be any occasion to impose penalty under Sections 76, 77 and 78 of the Act, 2007/ The appeal is otherwise dismissed except to the extent in relation to the imposition of penalty as made by the Assessing Authority.
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