9911796707
TMI Blog2023 (11) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner (Appeals) has held as follows:- 5.1 I find that the adjudicating authority confirmed the demand only in respect of services provided by the appellant to the IFC as the same was not a part of the World Bank per se but a member of the World Bank Group. The Central Government declared the IFC as a specified international organization under Section 3 of the UN Act vides Notification No.S.O.2448(E) dated 13.07.2016 issued vides F. No.D-II/451/12(21)/2009 in the Ministry of External Affairs. It is clear that the exemption under reference would be available on services provided to the IFC with effect from 13.07.2016 and not before that as there was no mention of any retrospective applicability of such exemption. The settled position of la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g. Marg Pvt. Ltd. Vs. CST, Mumbai-11 [2018 (2) TMI 153-CESTAT MUMBAI] is not applicable as the said judgment was passed by considering the IFC as a part of the UN though IFC was not a part of the World Bank but member of the World Bank Group (as distinct from the World Bank), which was declared as a specified international organization under Section 3 of the UN Act vides Notification No. S.O. 2448(E) dated 13.07.2016 issued vides F. No.D-II/451/12(21)/2009 in the Ministry of External Affairs. 5.4 In view of the above discussions, I find no infirmity in the order passed by the adjudicating authority confirming the demand in respect of services provided to the IFC which became non-taxable w.e.f 13.07.2016, hence appeal is rejected." 1.2 Mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order to recover interest on the above confirmed demand of Rs.30,09,742/- at appropriate rate as applicable from time to time, from M/s ICRA Management Consulting Services Ltd., Noida under the provisions of Section 75 of the Finance Act, 1994. iii. I also impose the penalty of 3,00,974/- (Rs. Three Lakh nine hundred seventy four only) upon M / s ICRA Management Consulting Services Ltd., Noida under the provisions of Section 76 of the Finance Act, 1994. If the amount of Service Tax Rs. 30 ,09,742/- confirmed at Sl. No. (i) above and interest payable thereon is deposited by the party within a period of thirty days of the date of receipt of this order, the penalty shall be twenty five percent of the service tax amount confirmed if such redu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hearing both the sides duly represented by learned Counsel Shri Sanjay Kumar, Advocate with Shri Vinay Gupta Company Secretary for appellant and learned A.R. Shri Mohammad Altaf, Assistant Commissioner (AR) for revenue, we note that the appellant is engaged in providing Consulting and Management Services to some prominent International organizations of United Nations like UN Women, UNICEF, UNDP, Asia Development Bank, World Bank and International Financial Corporation. 2. Demand of service tax was raised against the assessee for confirmation of the same alongwith confirmation of interest to the tune of more than Rs.3 crores. However, the adjudicating authority, by extended the benefit of Notification No.16/2002-ST dated 02.08.2002 read wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue and reversed the Cenvat credit to the extent of Rs.2,12,309/- along with interest on proportionate basis of the input services having been utilized in providing exempted output services. The appellants are not contested the said reversal and they prayed to set aside the penalty imposed on the said count. 7. Since, the appellant had reversed the Cenvat credit before the issuance of the show cause notice along with payment of interest, we are of the view that the revenue should not have even issued the show cause notice in terms of provisions of Sub-section (3) of Section 73 of Finance Act, 1994. Accordingly, while upholding the reversal of Cenvat credit along with interest, we set aside the penalty imposed to the extent of Rs.2,12,309/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
