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Bajaj Hindustan Sugar &Industries Ltd. Versus Commissioner of Service Tax Mumbai - I

2016 (3) TMI 1103 - CESTAT MUMBAI

Levy of penalty - waiver u/s 80 - service tax liability was discharged before issuance of SCN – revere charge mechanism – Held that: - As regards interest, in the absence of any contest before the lower authorities on the interest liability the same cannot be contested before the higher judicial forum. Interest liability arises and correctly discharged by the appellant. - As regards penalty, appellant having discharged the entire service tax liability and the interest thereof before issuanc .....

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rinarayanan, Advocate for the appellant Shri D. Nagvenkar, Addl. Commissioner (AR) for the respondent JUDGEMENT Per: M.V. Ravindran: This appeal is filed against Order-in-Original No: 21/STC-I/BR/10-11 dated 26/07/2010 passed by the Commissioner of Service Tax - I, Mumbai. 2. The issue involved in this case is regarding taxability of the amount under banking and financial services. The said amount has been paid by the appellant as service charges to M/s International Finance Corporation and M/s .....

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Learned counsel would submit that the issue on merits is now decided against them by the majority decision of the Tribunal in the case of Tata Steel Limited vs. Commissioner of Service Tax, Mumbai - I 2015-TIOL-2464-CESTAT-MUM. It is the submission that the interest liability and the penalties imposed be set aside as the Tribunal in the case of Jain Irrigation Systems Ltd. vs. Commissioner of Central Excise, Nashik 2015-TIOL-1674-CESTAT-MUM has held that there cannot be any recovery of interest .....

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s for raising ECB. 6. As regards interest part, we find in the case in hand, there is no dispute as to service tax liability and the same has been discharged before the issuance of the show cause notice along with interest. We find that the interest liability does arise on the appellant. This is the view which has been expressed by the majority decision in the case of Tata Steel Ltd. (supra). 7. As regards the case law relied upon by the learned counsel in the case of Jain Irrigation Systems Ltd .....

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