2009 (3) TMI 177

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..... ing the applicants, who are consignment agents, liable to pay tax as, Clearing and Forwarding Agents – held that - It is well settled law that, when there are favourable or contradictory decisions holding the field, entertaining bona fide belief by an assessee cannot be faulted upon – demand beyond the normal period of limitation set aside – penalty waived. - ST/157/2008 - A/718/2009-WZB/AHD - Da .....

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..... alore [2006 (3) S.T.R. 276 (Tri.-Del.) = 2004 (170) E.L.T. 78 (Tri.-Del.)]. He further submits, that the said decision is overruled by the Larger Bench decision, in the case of Medpro Pharma Pvt. Ltd. v. CCE, Chennai [2006 (3) S.T.R. 355 (Tri.-LB)]. As such, he submits that when there are contradictory decisions hold the field, assessee cannot be held guilty of suppression or misstatement. As such .....

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