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2019 (2) TMI 582 - CESTAT NEW DELHIImposition of penalty - levy of service tax on agency Commission received by them from Reserve Bank of India for taking Government business on their behalf - non-payment of service tax for the period 12th November 2012 to March 2014 - no suppression of facts - extended period of limitation - Held that:- The issue has been clarified by insertion of illustration to Section 65(F) of the Finance Act, 2015, wherein such agency commission became taxable to service tax. The appellant has also paid the amount which is also not disputed by the Revenue. It is on record that during that period there was decision in case of State Bank of Patiala [2016 (10) TMI 800 - CESTAT NEW DELHI] wherein it was held that no service tax is payable on such commission received by the appellant. The appellant has accordingly followed the same and the Revenue was also fully aware of these judgments on the issue. Subsequently, when the issue was clarified by adding to Section 65(F) of the Finance Act. Being interpretational issue and there is no question of levy of penalty on the appellant as has been held in the impugned order - Penalty set aside - demand of service tax with interest upheld - appeal allowed in part.
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