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2018 (11) TMI 1389 - AT - Service TaxReverse charge mechanism - various services received from overseas - revenue neutrality - time limitation - Held that:- In respect of the Service Provided from the overseas the liability of payment of Service Tax is on the recipient of service in India, in terms of Rule, 2(1)(d)(iv) of Service Tax Rules, 1994 read with Section 66A of the Finance Act, 1994. Therefore, on merit the Service Tax liability is on the appellant. Time Limitation - Held that:- The demand amount of approximate 17.5 Lakhs is also available as a Cenvat Credit to the appellant, to that extent the Service Tax payment in cash will stand reduced. Therefore, this is a clear case of Revenue neutrality - the issue of Revenue neutrality has been considered in various judgments cited by the appellant in particular Larger Bench judgment in the case of JAY YUHSHIN LTD [2000 (7) TMI 105 - CEGAT, COURT NO. I, NEW DELHI], according to which if there is a case of Revenue Neutrality the longer period cannot be invoked. Penalty also set aside on account of absence of malafide intent on the part of appellant. The demand for the extended period is not sustainable, the same is set aside - If there is any amount of Service Tax arising in the normal period of limitation only that much amount is payable - appeal allowed - decided in favor of appellant.
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