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2016 (4) TMI 628

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..... hat:- in view of majority of decisions held in the case of Tata Steel Limited vs. Commissioner of Service Tax, Mumbai -I [2015 (11) TMI 1049 - CESTAT MUMBAI (LB)], service tax liability under reverse charge mechanism arises on the person making the payment for the services rendered by an intermediary who helps in raising the ECB. Therefore, the service tax liability arise on the appellant in respe .....

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..... enalties. - Decided against the appellant - Appeal No. ST/88/2012 - Final Order No. A/86778/2016-WZB/STB - Dated:- 28-3-2016 - M. V. Ravindran, Member (J) And C J Mathew, Member (T) For the Appellant : Shri Sushant Murthy, Adv For the Respondent : Shri D Nagvenkar, Addl Commissioner (AR) ORDER Per: M V Ravindran: This appeal is directed against Order-in-Original No. 409/31 .....

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..... e mechanism for service tax under banking and other financial services'. The show cause notice was adjudicated after following due process of law, the demands were confirmed along with interest and equivalent amount of penalty has been imposed. 3. The learned counsel would draw our attention to the facts of the case, show cause notice and also the order-in-original. It is his submission th .....

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..... e sides and on perusal of the records, we find that the issue involved in this case is regarding service tax liability on the amount paid by the appellant to M/s Jefferies International Ltd. for the services rendered by them for raising ECB for the appellant. It is undisputed that the amounts are paid by the appellant and under the reverse charge mechanism service tax liability arise. We find that .....

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..... ability. 7. As regards the plea of the learned counsel for the appellant for setting aside the penalty imposed on a specific query from the bench, it was stated that the appellant has not paid the entire amount of the service tax liability and the interest thereof. The appellant has only paid 50% of the amount of service tax liability. We find that the provisions of Section 80 cannot be invoked .....

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