TMI Blog2013 (10) TMI 813X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjudicated liability, on condition that the petitioner deposits Rs.30 lakhs, to the credit of Revenue within six weeks from today and reports compliance by 25.9.2013. - stay granted partly. - Appeal No.55217 of 2013 - - - Dated:- 29-7-2013 - Mr. G. Raghuram and Mr. Sahab Singh, JJ. For the Appellant: Shri Tarun Gulati and Shri Kishore Kunal, Advocates For the Respondent: Shri Govi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enterprises), the matter appears to be covered in favour of the petitioner on account of the amendment to Section 67 of the Finance Act, 1994 by the Finance Act, 2008 w.e.f. 10.5.2008 and interpretation of the said amendment as being prospective, vide the Final Order of this Tribunal in Sify Technologies Ltd. vs. C.C.E S.T., LTU, Chennai reported in 2011 (21) STR 252 (Tri-Chennai). 3. In so f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority, the petitioner claimed immunity to tax on the basis of Export of Services Rules, 2005. The adjudicating authority rejected the claim on the ground that the assessee had failed to furnish any information during the course of audit; that this submission is unverified; that the assessee had not earlier mentioned that the advances pertain to the services of a foreign entity and therefore, ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s aspect. 6. In totality of the circumstances, we consider it appropriate to grant waiver of pre-deposit and stay all further proceedings for realization of the adjudicated liability, on condition that the petitioner deposits Rs.30 lakhs (approx. 50% of the liability pertaining to the assessed tax in respect of receipts from foreign customers of Rs.69,17,440/- after adjusting Rs.8 lakhs said to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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