2011 (6) TMI 82

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..... the rate prevailing on the date of rendering the services - Thus, appeal is dismissed accordingly. - ST/454/2010 - A/1169/2011-WZB/AHD - Dated:- 21-6-2011 - Mrs. Archana Wadhwa, Dr. P. Babu, JJ. Shri S.J. Vyas, Adv. for Assessee. Shri R.S. Sangia, SDR for the Revenue. Per: Archana Wadhwa: The facts in the nutshell are that during the course of audit, it was noticed that w .....

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..... pees Three Lakhs, Sixty Seven Thousands, Two Hundreds and Fifty Eight only) was confirmed and penalty of Rs.7,34,516/- (Rupees Seven Lakhs, Thirty Four Thousands, Five Hundreds and Sixteen only) under Section 78 of Finance Act, 1994 and penalty of Rs.5,000/- (Rupees Five Thousands Only) under Section 77 of Finance Act, 1994 were imposed. 2. Being aggrieved with the said order, the respondents .....

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..... whichever is earlier. 8. Further, in the case of Reliance Industries Ltd. Vs. Commissioner of Central Excise, Rajkot 2008 (10) STR 243 (Tri-Ahmd), and it has been clearly held that rate of tax applicable shall be the rate prevailing on the date of rendering the services. The identical view has been taken by Hon'ble High Court of Gujarat in the case of Commissioner, Customs and Central Excise, .....

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