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2011 Supreme(SC) 778

MUKUNDAKAM SHARMA, ANIL R.DAVE
Commnr. of Customs Excise, New Delhi – Appellant
Versus
Living Media (India) Ltd. – Respondent


Advocates Appeared:
Mr. Mukul Gupta, Senior Advocate, Mr. Shalini Kumar, Mr. Arun Krishnan, Mr. B.K. Prasad, Mrs. Anil Katiyar, Mr. Balbir Singh, Mr. Abhishek Singh Baghel, Mr. Rupender Sinhmar, Mr. Rajesh Kumar, Mr. B.V. Balram Das, Mr. Alok Yadav, Mr. Krishna Mohan, Mr. V. Balachandran, Mr. E.C. Agrawala, Advocates, with him for the appearing parties.

JUDGMENT

Dr. MUKUNDAKAM SHARMA, J.

1. The Civil Appeal Nos. 8627-8628 of 2002 are filed against the judgment and order passed by the Customs, Excise & Gold (Control) Appellate Tribunal (hereinafter for short referred to as 'CEGAT') on 23.1.2002, however, Civil Appeal No. 2959 of 2008, Civil Appeal No. 4751 of 2006, Civil Appeal No. 2832 of 2006 and Civil Appeal No. 1 of 2009 are filed against the judgment and order passed by the Customs Excise and Service Tax Appellate Tribunal (hereinafter for short referred to as 'CESTAT') on 21.9.2007, 2.2.2006, 2.9.2005 and 16.10.2008 respectively.

Civil Appeal Nos. 8627-8628 of 2002

2. The facts leading to the filing of the present appeals are that the Respondent-company undertakes various music projects in India and under these projects it enters into agreements with reputed artists for composing and recording musical works. The music thus recorded is converted into DAT [Digital Audio Tape] Master which is then sent to Singapore for replicating the musical work on compact discs. Apart from this, the Respondent also renders service for quality production/duplication of various music titles on compact discs.

3. The Respondent has entered into an










































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