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TMI Blog2024 (2) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia and Received in India) Rules, 2006. To attract this provision, services must be received in India. In the instant case, no services are received in India. Therefore, it is not a taxable service. In view of the above decision of this Bench in M/s. Kadri Mills (CBE) Ltd., there are no merit in the demand raised in the case on hand, for which reason the impugned order deserves to be set aside. Appeal allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... judicating authority has also demanded Late Fee at the applicable rates under Rule 7C of the Service Tax Rules, 1994 read with Section 70 of the Finance Act, 1994. 2.3 It appears that both the appellant as well as the Revenue approached the first appellate authority, who vide Order-in-Appeal No. 150 & 150(A)/2014-ST dated 10.07.2014 has rejected the appeal filed by the appellant, however, allowing the Revenue's appeal thereby upholding the order passed by the adjudicating authority, except for modification of the penalty imposed under Section 77(1)(a) of the Finance Act, 1994 and it is against this order that the present appeal has been filed before this forum. 3. Heard Shri S. Durairaj, Ld. Advocate for the appellant and Shri Anoop Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing charges are taxable under the service 'Banking and Other Financial Services' during the period from 1.4.2007 to 31.5.2012. A similar matter came to be decided by a co-ordinate Bench of this Tribunal in the case of SKM Egg Products Export (I) Ltd. Vs. CCE, Salem - 2023 (3) TMI 1384 - CESTAT Chennai. The relevant portion of the said judgment is extracted below:- "5.1 The main issue involved in this case is whether the amount which was deducted by the Foreign bank towards the bank charges are taxable under the service "Banking and other Financial Service" for the period 2006-2007 to 2010- 2011? The other issues involved are whether invocation of extended period and imposition of penalties are sustainable in the facts of the case? 5.2 W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... From the record, it appears that while exporting their goods, they lodged their bills for collection to the Indian Bankers who in turn send the same to the foreign banks. The foreign banks while remitting the money to the Indian Bank, deduct their charges for collection of bills which in turn are charged by the Indian Banks from the appellants. When it is so, then the appellant are not entitled to pay the service tax. The identical issue has come up before the Tribunal in the case of Greenply Industries Ltd. vs. CCE, Jaipur (Final Order No. 50149/2014 dated 03.01.2014) where it was observed that- "4. We find that no documents have been produced showing that foreign bank has charged any amount from the appellant directly. The facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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