Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2017 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 774 - CESTAT MUMBAIReverse charge mechanism - receipt of services - in course of raising fund ECB and FCCB appellant are receiving services of various service provider based outside country like Merchant Bankers, Lead Manager, Advisors, Financial Advisors, Principle Agent, Legal Advisors, Management Consultant, Underwriters etc. - Revenue neutrality - Held that: - Ld. Commissioner did not deal with the issue of Revenue neutrality in detail and the same was rejected on the ground that there is suppression of facts, hence the case does not fall under the Revenue neutrality. Whether the service on which service tax is payable and claimed as input service is admissible input service in terms of Rule 2(l) of Cenvat Credit Rules, 2004, whether appellant cleared/provided exempted goods/service etc. therefore in absence of examining all these factual aspect revenue neutrality can neither be rejected nor be allowed. Since these factual aspects have not been examined by the adjudicating authority, in the interest of justice, it is desirable to remand the matter to the adjudicating authority. Appeal allowed by way of remand.
|