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2016 (11) TMI 1290

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..... y upon the assessee. Accordingly while confirming tax already paid along with interest I set aside the penalty imposed on the said count. As regards amount of ₹ 2,52,715/- which appellant collected from their customs for the period 2007-08, the same also stands paid by the assessee subsequently along with interest of ₹ 1,02,722/-. I do not find any merit in the appellant’s plea of bonafide in respect of the said amount in as much as having collected the same in the name of the revenue and having retained the same, definitely reflects upon appellant’s intention of enriching themselves at the cost of Revenue. While upholding the confirmation of the said demand along with interest, I am of the view that the appellant needs to .....

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..... e said services they have collected service tax of ₹ 2,52,715/- from their 13 buyers the same was also deposited by them along with interest of ₹ 1,02,722/-. 3. Consequently a show cause notice was issued to them on 26.12.2012 proposing to confirm the service tax along with interest and imposition of penalties. The said show cause notice culminated into an order passed by the original adjudicating authority and upheld by commissioner (A). Hence the present appeal. 4. I have heard Shri Pankaj Sethi, CA for the Applicants and Shri R.K. Mishra, DR for the Respondent. 5. The appellant s main grievance is that having deposited the services along with interest immediately on being pointed by the Revenue, proceedings should no .....

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..... as much as the issue of taxability was the subject matter of the Hon ble High court of Bombay whereas the vires of the same was challenged it can be safely concluded that there was confusion in respect of the taxability of the same. In such a scenario the provisions of section 73B would come into play, thus not requiring any issuance of show cause notice. As such I find no justifiable reasons to impose penalty upon the assessee. Accordingly while confirming tax already paid along with interest I set aside the penalty imposed on the said count. 7. As regards amount of ₹ 2,52,715/- which appellant collected from their customs for the period 2007-08, the same also stands paid by the assessee subsequently along with interest of ₹ .....

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