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2011 (11) TMI 229 - AT - Service TaxAssessee acting as independent agents deemed as CIF agent – invokation of period of limitation – demand & penalty imposed - Held that:- In the present case, assessee raise his own requisition to the principal and manages the goods/premises on his own and sells the goods to the customers as if he is the owner of the goods. Terms and conditions of the agreement clearly shows that though the appellant has been termed as consignment agent by the principal, the relation between them is business relation. Therefore, assessee cannot be treated as C&F agent and demand imposed is set aside. Further, demand for the period April, 2001 to March, 2002, raised by a show cause notice dated 28.2.2005 is barred by limitation. Since issue involved is of interpretation of provisions of law, the appellants cannot be settled with any allegation of mala fide so as to justifiably invoke longer period or so as to impose penalty upon them. - Decided in favor of assessee.
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