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2016 (4) TMI 199 - CESTAT NEW DELHI

2016 (4) TMI 199 - CESTAT NEW DELHI - TMI - Dispensation of pre-deposit - Confirmation of service tax liability and imposition of penalty - Commission paid to foreign bankers under the category of banking and other financial service on reverse charge basis - Appellant claimed that demand is barred by limitation - Held that:- the notice stand issued in the April, 2010 for confirmation of demand of duty relating to the activity undertaken in December, 2006. The said activity of the assessee was no .....

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annot be said that the non-payment of service tax, if at all, was with an intention to avoid the same. Hence, the appellant has good case on limitation. Therefore, as the appellant has already deposited the amount of ₹ 4.88 lakhs approx., by treating the same as sufficient, the condition of pre-deposit of the balance amount of tax and entire amount of penalty and interest is dispensed of. - Pre-deposit dispensed of - Service Tax Stay Application No. 61584 of 2013- Cus In Service Tax Appeal .....

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imposed under section 77 of the Finance Act, 1994. 2. The tax liability stand confirmed by the authorities below on account of commission paid by them to foreign bankers under the category of banking and other financial service on reverse charge basis. The period involved is December,2006 and show cause notice stand issued on 27.4.2010. 3. At this interim stage, we take into consideration the appellants plea of demand being barred by limitation. By drawing our attention to the correspondence be .....

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od, the law was not clear and the same was finally settled by the Bombay High Court decision in the case of Indian National Ship owners Association in the year 2009. By drawing our attention to the order of the original adjudicating authority, he submits that even the adjudicating authority has referred to the said decision of Bombay High Court, subsequently confirmed by Honble Supreme Court and the circular issued by the Board in 2010 in terms of which the demand in the present case is confirm .....

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