TMI Blog2006 (11) TMI 585X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant M/s. Paras Advertising and Marketing Services Pvt. Ltd., have entered into an agreement dated April 1, 1997 with M/s. Paras Pharmaceuticals Ltd., to render such services as market organizer of its products for the promotion, sale and distribution . (b) As per the agreement, the appellant is required to render the following services: 1.. Providing distribution services such as b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ercising control over the clearing and forwarding agents and consignee agents and auditing their performance; 8.. Providing additional services of supervising other marketing activities for arranging display, house-to-house campaign, market research, etc.; 9.. Appointment of wholesale dealers, stockists, consignee agents, clearing and forwarding agents, etc., for promotion of the products of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der section 76 of the Finance Act, 1994; penalty of Rs. 6,000 under section 77 of the Finance Act, 1994; penalty of Rs. 2,00,00,000 under section 78 of the Finance Act, 1994; penalty of Rs. 500 under section 75A of the Finance Act, 1994 and also imposed interest under section 75 of the Finance Act, 1994. Shri Ashwin Shah representing the appellants made detailed submissions and claimed that in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irectly in many functions which are attributable to a clearing and forwarding agent. The order of the Tribunal in the case of Larsen Toubro Ltd. [2006] 3 STR 321 (Tri-LB) is not applicable to this case. We have carefully considered the matter. The agreement envisages several functions. Having received payments in pursuance of the agreement, they cannot deny having rendered the services mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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