TMI Blog2007 (6) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... ion tribunal allow the appeal partly - App.No. S/PD/26/2007 in A.No, S/37/2007 - Final Order No. 698/2007 - Dated:- 12-6-2007 - [Order per: P.G. Chacko, Member (J)]. - After examining the records and hearing both sides, we are of the view that the appeal itself requires to be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit, we take up the appeal. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich had become exigible to Service tax with effect from 1-7-2003. The appellants had not paid such tax on ORC received from the airlines in terms of the agreement during the period of dispute. From the documents recovered by officers of DGCEI from the appellants, it appeared that Sri Lankan Airlines had been making ORC payments to the appellants in India by issuing credit notes in their favour sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x on such amount was available under Notification No. 21 /2003-S.T. dated 20-11-2003. The appellants were also found to have had the apprehension that the question whether the funds received by them into their current account in India from Sri Lankan Airlines would represent convertible foreign exchange would have to be tested in courts. Functionaries of the appellant-company, in their statements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow-cause notice during the period of dispute. The demand of tax and imposition of penalty have been contested on numerous other grounds also. Learned Counsel for the appellants has reiterated these grounds. Learned SDR has argued in defence of the impugned order. It is further pointed out by learned SDR that this Bench dismissed a similar appeal of M/s. ETA Travel Agency Pvt. Ltd. after overruling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustained the Commissioner's decision against the party, with reduction of the penalty from Rs. 1.68 crores to Rs. 10 lakhs. Fortunately, there is consensus between the two sides that the facts of the two cases are strikingly similar. In the circumstances, following our decision rendered in the case of M/s. ETA Travel Agency Pvt. Ltd. (supra), we sustain the Commissioner's order impugned in the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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