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    <title>2009 (8) TMI 959 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), PUNE-II</title>
    <link>https://www.taxtmi.com/caselaws?id=148608</link>
    <description>The appellant&#039;s appeal was rejected, and the order passed by the Assistant Commissioner, Central Excise, Ratnagiri Division, was upheld. The classification of services as &quot;man power recruitment and supply agency service&quot; was confirmed despite the appellant&#039;s contention for &quot;Business Support Service.&quot; The appellant&#039;s suppression of facts and mens rea were established, leading to the rejection of reliance on a previous court decision. The excess payment of Service tax for 2006-07 was noted, but the appellant&#039;s arguments were not fully accepted. Simultaneous penalties under Sections 76 and 78 were considered unsustainable, with only the penalty under Section 78 upheld due to proven mens rea.</description>
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    <pubDate>Thu, 27 Aug 2009 00:00:00 +0530</pubDate>
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      <title>2009 (8) TMI 959 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), PUNE-II</title>
      <link>https://www.taxtmi.com/caselaws?id=148608</link>
      <description>The appellant&#039;s appeal was rejected, and the order passed by the Assistant Commissioner, Central Excise, Ratnagiri Division, was upheld. The classification of services as &quot;man power recruitment and supply agency service&quot; was confirmed despite the appellant&#039;s contention for &quot;Business Support Service.&quot; The appellant&#039;s suppression of facts and mens rea were established, leading to the rejection of reliance on a previous court decision. The excess payment of Service tax for 2006-07 was noted, but the appellant&#039;s arguments were not fully accepted. Simultaneous penalties under Sections 76 and 78 were considered unsustainable, with only the penalty under Section 78 upheld due to proven mens rea.</description>
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      <pubDate>Thu, 27 Aug 2009 00:00:00 +0530</pubDate>
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