P.G.CHACKO, B.S.V.MURTHY
Devas Multimedia (P. ) Ltd. – Appellant
Versus
Commissioner of Central Excise, Bangalore – Respondent
P.G. Chacko, Judicial Member - This application filed by the appellant seeks waiver of pre-deposit and stay of recovery in respect of the adjudged dues including an amount of Rs. 99,81,669/- demanded towards service tax and education cesses under the Head "Management or Business Consultancy Service" for the period from May, 2006 to September, 2009. After perusal of the records and hearing both sides, we find that the impugned demand is in the reverse charge mechanism embodied in Section 66A of the Finance Act, 1994 and is on the amounts paid by the appellant to certain foreign law firms for various services provided by the latter. The case of the appellant is that the services received by them were essentially in the nature of legal services which were used in relation to mergers, acquisitions, investments etc. and that such services! were not taxable during the period of dispute. It is submitted that the foreign 'firms were not Management Consultants to provide any advice or consultancy in relation to the management of the appellant's organization or business. Per contra, the case of the Revenue is that, as the appellant had received advice/consultancy from the foreign firm i
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