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TMI Blog2017 (9) TMI 1439X X X X Extracts X X X X X X X X Extracts X X X X ..... ch as, the appellants have reflected the receipts of said services in their records, required to be maintained under law, it has to be held that there was no malafide on their part - extending the benefit of section 80 of the Finance Act, 1994, the penalty imposed is set aside - decided in favor of appellant. - ST/40320/2017 - Final Order No. 41145/2017 - Dated:- 6-7-2017 - Smt. Archana Wadhwa, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the extent of ₹ 1,18,881/- for the period October, 2009 to March, 2014 along with interest of ₹ 84,383/-. 3. Subsequently, they were issued a show-cause notice, dated 10.04.2015 raising demand of service tax to the tune of ₹ 3,03,797/- During adjudication, the appellants took a specific stand that service tax relatable to the services of Foreign Commission Agent was only to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is made clear by the learned advocate that they are not disputing deposit of ₹ 1,18,881/- along with interest of ₹ 84,383/- even though the demand was barred by limitation. However, the challenge is only to the penalty imposed upon them. It is the contention of the learned advocate that the issue for payment of service tax on reverse charge basis, in respect of services of Foreign Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extending the benefit of section 80 of the Finance Act, 1994, the penalty imposed upon them is set aside. 6. As a result, the appeal is disposed of as under:- (i) Service tax of ₹ 1,18,881/- along with interest of ₹ 84,383/- is confirmed against them as not contested; (ii) The balance confirmation of service tax to the extent of ₹ 1,84,916/- is remanded to the origin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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