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2014 (12) TMI 741

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..... xcess tax paid against the subsequent liability except in certain specified situations and the present case does not involve those specified situations. Therefore, suo motu adjustment of excess tax paid would not arise in the present case. However, it is on record that the appellant intimated and informed the department of the excess service tax paid and suo motu adjustment towards their liability .....

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..... Per: P R Chandrasekharan: 1. The appeal and stay petition are directed against Order-in-Original No. 72/SK/M-I/2013-14 dated 19.3.2014 passed by the Commissioner of Service Tax-I, Mumbai. 2. Under the impugned order, the learned adjudicating authority has confirmed a service tax demand of ₹ 63,76,229/- alongwith interest thereon and also imposed penalties under Sections 76, 77 and .....

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..... .2006 intimated the department that they have paid service tax which was not due and they would be adjusting the excess tax paid from the service tax liability due from them for the subsequent period. Thereafter on 24.4.2006 they filed a revised return for the period April; 2005 to September, 2005 wherein this excess service tax paid by them was adjusted towards the liability for the period Octobe .....

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..... he subsequent liability except in certain specified situations and the present case does not involve those specified situations. Therefore, suo motu adjustment of excess tax paid would not arise in the present case. However, it is on record that the appellant intimated and informed the department of the excess service tax paid and suo motu adjustment towards their liability on 24.4.2006 and thus t .....

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