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M/s Bharat Forge Ltd. Versus Commissioner of Central Excise, Pune-III

2016 (1) TMI 260 - CESTAT MUMBAI

Levy of penalty - Waiver u/s 80 - appellant is not disputing the leviability of service tax. - Import of services - service of merchant banking in relation to external commercial borrowings (ECB) and Global Depository Receipts (GDR) - Held that:- t the appellant paid the service tax on 18.12.2007 whereas the show cause notice was issued on 11.08.2008 and adjudicated on 18.08.2011. The prompt payment of service tax even before the issue of show cause notice shows the genuineness of the appellant. .....

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nancial benefit. - The case deserves waiver of penalty under section 80 of the Finance Act and we order so. - Penalty waived - Decided in favor of assessee. - Appeal No. ST/607/11 - Final Order No. A/3910/2015-WZB/STB - Dated:- 24-11-2015 - P S Pruthi, Member (T) And Ramesh Nair, Member (J) For the Appellant : Shri Padmavati Patil, Adv For the Respondent : Shri A B Kulgod, Asstt Commissioner (AR) ORDER Per P S Pruthi The appellant availed external commercial borrowings (ECB) in the form of c .....

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oceedings it was held that the service of merchant banking is leviable to service tax in terms of section 65(12) read with section 65(105)(zm) of the Finance Act 1994. Further it was held that under section 66A of the Finance Act, 1994, where any taxable service is provided by a person who has an established business in a country other than India, and is received by a person who has his place of business, fixed establishment, in India, such service is taxable service. Therefore the adjudicating .....

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st, before the issue of show cause notice. Interest under section 75 of the Finance Act and 25% of the penalty under protest were paid within 30 days of the date of the communication of the impugned order dt 18.08.2011 4. During the hearing before us today the learned counsel appearing on behalf of the appellant makes a categorical statement that appellant is not disputing the leviability of service tax. She does not dispute that the service tax and interest have been paid correctly and does not .....

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