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2018 (11) TMI 1807 - CESTAT KOLKATAImposition of Penalty u/s 78 of FA - non-payment of service tax - commission paid to foreign service providers for External Commercial Borrowings - Reverse charge mechanism - agency commission/fee paid to foreign service providers - HELD THAT:- In the case of M/S BHARAT FORGE LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, PUNE-III [2016 (1) TMI 260 - CESTAT MUMBAI] in similar set of facts, service tax liability arising out of External Commercial Borrowings are involved, the Tribunal observed that the appellant had no intention to avoid payment of service tax which would have been available to them as Cenvat credit and non payment would not result in any financial benefit, waiving penalty. The appellant deserves relief in the payment of penalty - penalty set aside - appeal allowed - decided in favor of appellant.
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