TMI Blog2017 (12) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... Limited. It is apparent that the liability continues to rest on M/s Aksh Optifibre Limited. In such factual contexts, we note the appellants cannot be fastened with any service tax liability for the reason that they have neither engaged the service provider nor the service tax liability arising on such arrangement can be held as inherited or transferred liability of the appellant - demand under Banking and other financial services withheld. Advertising services - internet telephone services - scope of SCN - Held that: - the original authority recorded that the service tax liability under advertising services and internet telecommunication services are confirmed even though it was not proposed under these categories of services in the sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 94,00,743/-. Out of this, ₹ 85,77,931/- was relating to BOFS and the remaining amount is under advertising services and internet telephony services. He also imposed penalty of equal amount under Section 78 and further penalty under Section 76 of the Finance Act, 1994. 2. The ld. Consultant appearing for the appellant submitted on the following lines: a) The original authority failed to appreciate that the transaction relating to issue of FCCB/GDR was between M/s Aksh Optifibre and foreign service providers. There are two independent companies registered under the Companies Act, 1956. b) The appellant was registered as a Limited Company on 13.03.2008. The assets and liabilities only that of manufacturing activity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. We have heard both the sides and perused appeal records. 5. First of all, we note a SCN starts by stating M/s Aksh Technologies Limited (formerly known as Aksh Optifibre Limited) (Plant-I). We note that M/s Aksh Optifibre Limited and the appellant are two legal entities registered separately under the company law. M/s Aksh Optifibre has not been re-named as Aksh Technologies. M/s Aksh Optifibre continued to exist even after the creation of the appellant as a separate company. Further, no liabilities with reference to service tax were passed on to the appellant from the holding company. The original authority has given a summary, brief findings without analyzing the full facts and legal implication for such finding. Admittedly, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
