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2017 (5) TMI 821

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..... confirmed the demand of ₹ 93,850/-, which according to us is not sustainable - demand set aside - appeal allowed - decided in favor of appellant. - Service Tax Appeal No.ST/795/2011-ST [DB] - FINAL ORDER NO. 52498/2017 - Dated:- 15-3-2017 - Mr. S.K. Mohanty, Member (Judicial) and Mr. B.Ravichandran, Member (Technical) Present for the Appellant : Mr. R.M.Saxena, Advocate Present .....

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..... deducted from the confirmed demand and the balance amount of ₹ 93,850/- was confirmed on the ground that the appellant did not pay such service tax into the Government account. 2. The ld. Advocate appearing for the appellant submits that though service tax liability on the taxable value of ₹ 72,73,373/-, was computed by the Department, but the appellant had paid the service tax on .....

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..... the tune of ₹ 309/-. On perusal of the documents available in case file, we find that Annexure - 7 was prepared by the appellant based on the books of accounts maintained by it. However, without considering the said statement and the other documents submitted by the appellant, the ld. Commissioner (Appeals) has confirmed the demand of ₹ 93,850/-, which according to us is not sustainabl .....

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