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AXIS BANK LTD. Versus UNION OF INDIA

2015 (10) TMI 1578 - BOMBAY HIGH COURT

Demand of Interest – Service Tax liability paid under protest - Whether after payment of entire dues by the acquiring bank, still a demand can be made against the issuing bank is yet to be adjudicated? Held That:- Issue that has been decided by the T .....

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required as to whether in fact a meeting was held between Indian Bank’s Association and Mr. Reddy, the Addl. Commissioner of Service Tax, Mumbai. - Writ Petition No. 3247 of 2015 - Dated:- 6-4-2015 - B.R. Gavai and A.S. Gadkari, JJ. Shri V. Sridhar .....

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. It is not in dispute that the petitioner has already paid the Service Tax liability for the period post-1-5-2006. 2. It is the contention of Shri Jetly that, in view of the judgment of the learned CESTAT at Mumbai in the case of Commissioner o .....

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y of the present petitioner to pay Service Tax after 1-5-2006. It is his contention that the only issue that was referred to the Larger Bench is with regard to the taxability of the acquiring Bank for the services rendered prior to that period. 3.&em .....

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e is no adjudication with regard to the period after 1-5-2006. 4. Perusal of the communication at page 36 would reveal that a meeting was held between the representatives of the Indian Banks Association and one Mr. M.R.R. Reddy, Addl. Commission .....

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tral Board of Excise and Customs (C.B.E.&C.) for seeking a clarification. It was further suggested that since the period of limitation was near completion, in respect of the return filed for the period from April 2007 to September 2007, the conce .....

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if C.B.E.&C. decides in favour of the banks, the Service Tax department will refund the Service Tax paid. 5. Perusal of Exhibit E to the petition would reveal that a representative has already addressed a letter dated 3rd November, 2012 to .....

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s the case of the petitioner that the acquiring Bank has paid the entire Service Tax payable on the transactions. It is further the case of the petitioner that though the petitioner is not liable after payment of the Service Tax by the acquiring body .....

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