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TMI Blog2017 (7) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... (Advocate), for Appellant Shri Sandeep Kumar Singh (Deputy Commissioner) AR, for Respondent ORDER Per: Anil G. Shakkarwar The above stated appeal is directed against the Order-in-Appeal 110/ST/ALD/2011 dated 09.09.2011 passed by Commissioner (Appeals), Central Excise, Allahabad. 2. Brief facts of the case are that the appellant availed Foreign Currency Convertible Bond. For availing Foreign C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from them. It was also proposed that the Service Tax of Rs. 28,72,471/- already paid by them on 24.09.2007 to be appropriated. The demand of Rs. 30,33,097/- included the demand of Rs. 25,06,459/- on account of financial services received and Rs. 5,16,312/-+ Education Cess of Rs. 10,326/- against professional charges that is legal services received from Fladgate Fielder. The appellant submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed through impugned Order-in-Appeal. The learned Commissioner (Appeals) has held that services provided by M/s Fladgate Fielder were not covered in any of the services provided in the definition of Banking and others Financial Services and therefore, he has set aside the confirmed demand of Rs. 5,16,312/- + Cess of Rs. 10,326/- on account of services provided by M/s Fladgate Fielder. The learned C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supported the impugned Order-in-Appeal. 5. Having considered the rival contentions and perusal of records we find that the said show cause notice dated 08.06.2010 is not sustainable in respect of Service Tax amount of Rs. 25,06,459/- since the said tax was paid alongwith applicable interest before issue of show cause notice. Therefore, as provided under Sub-Section 3 of Section 73 of Finance Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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