TMI Blog2011 (4) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia - once it is an admitted fact that the money raised were invested outside India, but only because the said money raised is supposedly in relation to the benefit or business of the service recipient, located in India, provisions of Rule 3(3) cannot be invoked - appellant has made out a prima-facie case for the waiver of the pre-deposit of the amounts involved as it is on record that the servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e records. 3. Ld. Counsel would submit that the issue involved in this case is regarding whether the assessee is liable to pay service tax under the reverse charge mechanism in a situation where service provider is outside India. It is his submission that both the lower authorities have held that the services which were rendered by the service provider were received and consumed in India for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnal monetary transactions of the assessee that took place, are through Merrill Lynch Bank, Geneva. It is his submission that by virtue of fact that the registered office and head office of the appellant being in Hyderabad, would not in any case be relevant for discharge of service tax on an amount paid from outside India for the services rendered and consumed outside India. He would also submit t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for demand of service tax. We find that once it is an admitted fact that the money raised were invested outside India, but only because the said money raised is supposedly in relation to the benefit or business of the service recipient, located in India, provisions of Rule 3(3) cannot be invoked. We find that the lower authorities have not disputed the fact that the money so raised by issuing FCC ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
