TMI Blog2017 (10) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian rupees to the appellant. - Held that: - reliance placed in the case of Arafaath Travels Private Ltd. Versus Commissioner of Service Tax [2017 (8) TMI 554 - CESTAT CHENNAI], where it was held that even if the payment is received in India rupees such retention will have to be necessarily treated as saving of foreign exchange and by implication is akin to receipt of moneys in convertible foreig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve received income by way of overriding commission (ORC) and also on the view that such amount would be consideration for Business Auxiliary Service, department issued show cause notice. After due process of law, the original authority confirmed the demand along with interest and also imposed penalties under section 76 and 77 of the Finance Act, 1994. In appeal, Commissioner (Appeals) upheld the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n will have to be necessarily treated as saving of foreign exchange and by implication is akin to receipt of moneys in convertible foreign exchange. In the said case, the appellant had retained that portion of the overriding commission and the same was not sent to the service recipient along with the other sale proceeds. In the present case, it is undisputed that the appellants were receiving fore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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