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2018 (9) TMI 1376

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..... decided in the case of M/S NATIONAL INSTITUTE OF BANKING STUDIES CORPORATE MANAGEMENT VERSUS COMMISSIONER OF CUSTOMS, CENTRAL EXCISE SERVICE TAX, NOIDA AND VICE-VERSA [2018 (7) TMI 1290 - CESTAT ALLAHABAD], where the demand falling behind the normal period of limitation is set aside along with setting aside of penalty and the matter is remanded to the Original Adjudicating Authority for re-qu .....

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..... td. And The National Bank Ltd., with the purpose of providing training to the employees of these member Banks. The appellant is also providing training to employees of other Banks in the field of banking which enables the employees to efficiently handle the business of the Banks of which the traninees are staff. The benefit of the training accrues to the Banks which send their employees for traini .....

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..... here was imposition of penlaty under Section 76 of the Act. 3. The order passed by the original adjudicating authority was upheld by Commissioner(Appeals) and hence the present appeal. 4. The ld.C.A. appearing on behalf of the appellant fairly agrees that the issue stands decided against them by the larger Bench in the case of Grey Lakes Institute of Management Ltd. [2014 (48) Taxmann.com 11 .....

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..... ling within the limitation period. 6. Ld.Advocate fairly agrees that the demand in the present case is within the normal period of limitation. As such by following the earlier decision of the Tribunal in the same assessee s case we uphold the confirmation of demand. 7. As regards penalty we note that in the earlier decision penalty has been set aside by observing that during the relevant per .....

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