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2019 (1) TMI 179 - AT - Service TaxNon-payment of Service tax - the appellant required finance in the year 2006-2007 and they raised capital by issuing external commercial borrowing and foreign currency convertible bond (FCCB) and by offering share to procure subscribers for Global, Depository Receipt (GDR) - appellant did not pay any service tax being under the belief that the service s have been received and consumed outside India - reverse charge mechanism - Held that:- Neither the transaction is relating to the Bhiwadi Unit nor there were any account of said transaction maintained in the books of accounts maintained at Bhiwadi factory office. The Audit objection was raised on the basis of the annual accounts or report, a copy of which was available at the Bhiwadi Unit and the said audit objection was raised as per the balance sheet and Director’ report, etc. Further, the provisions of Central Excise and Service Tax Act & Rules thereunder do not provide for multiplicity of the proceedings. The ld. Commissioner has rightly dropped the demand and erred in upholding the part of the show cause notice and also erred in objecting the part of the show cause notice relating to the suo moto taking of the re-credit by the appellant - this appeal is allowed for statistical purposes only as the main issue having been held against the appellant/assessee.
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