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2018 (1) TMI 1213 - AT - Service TaxReverse Charge Mechanism - appellants had availed services of Underwriters - case of Revenue is that Since the services have been received by the appellants and from underwriters located outside India, the appellants are very much liable for tax liability - Held that: - the scope and extent of service tax chargeability on reverse charge basis for different services has been treated differently only in sub-rule (iii) of Rule 3 of the Rules. For Underwriting Services to be taxed at the hands of the person located in India, the services definitely have to be performed fully or partly in India. This is certainly not the case here. In fact, the Underwriting Agreement dated 18-06-2007 makes it clear that the ADS offering is not applicable for sale in India, but only to other select jurisdictions like the United States of America, Canada, Japan etc. - the impugned services availed of by the appellant not having been performed partly or wholly in India, will not bring forth the requirement of taxability on the appellant on reverse charge basis under Rule 66A of the Finance Act, 1994 read with the Taxation of Services (Provided from outside India Received in India) Rules 2006. Appeal allowed - decided in favor of appellant.
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