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TMI Blog2016 (11) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... ri. Vishal Agarwal, Advocate with Roshil Nichani, Advocate for the Respondent ORDER The issue involved in the present case is demand of service tax on the services of financing, merger and acquisition under the head of Management Consultancy Services. Ld. Commissioner (Appeals) dropped the demand on the ground of limitation for the reason that appellant had informed the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on behalf of the Revenue reiterating the grounds of appeal, submits that Ld. Commissioner(Appeals) has dropped the demand on ground of limitation whereas as per the provisions of Section 73(a) existed before 10-9-2000 without suppression of fact also demand could have been issued for longer period therefore the Commissioner(Appeals) has wrongly dropped the demand on tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 73(a) of Finance Act was not existing whereas amended Section 73 after 10/9/2000 was existing, according to which only if there is suppression of fact, the demand for more than one year can be issued. In the present case admittedly there is no suppression of fact on the part of the respondent. Therefore the demand is time bar. In this regard he placed r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 invoking extended period. At the time of issuance of show cause notice, unamended provisions of Section 73(a) existed prior to 10/9/2000 was not existing, therefore unamended Section 73(a) is not invokable in the present case. If this is so then the appeal of the Revenue which solely on the basis of this ground does not survive. As per amended provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been already settled in the case of M/s. Kotak Mahindra Capital Co Ltd (supra). Therefore even on merit also services of the respondent was not taxable at the material time. As per our above discussion and settled legal position on both issues, Revenue's appeal does not survive. The impugned order is upheld. Revenue's appeal is dismissed. CO of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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