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M/s. TVS. Motor Company Limited Versus Commissioner of Central Excise, Chennai-III - 2012 (7) TMI 191 - CESTAT, CHENNAI - Service Tax
......... o far as levy of penalty under Section 78 is concerned, considering the difficulty in understanding the law applicable at inception and date of incidence to taxability, it would be proper to waive the penalty imposed under that Section. 22. In the light of the aforesaid discussions it is ordered - (1) That there shall not be levy of service tax on the engineering consultancy services availed from foreign consultant abroad prior to 18.4.2006. (2) There shall be levy of service tax at the applicable rate for the period 19.4.2006 to 30.9.2007 on the gross amount of consideration inclusive of income tax deducted at source involved in availing engineering consultancy service availed under Section 66A of the Act. (3) Adjudication order gets modified by the extent indicated in (1) and (2) above. (4) Cum tax benefit if any admissible shall be granted in accordance with law. (4) There shall not be penalty under Section 78 of Finance Act, 1994. ( Pronounced in open court on 13.6.2012)