https://www.taxtmi.com/caselaws?id=328311 The Appellate Tribunal CESTAT CHENNAI held that the appellant, engaged in manufacturing, was not liable to pay service tax under Business Auxiliary Services for commission paid to foreign agents. The Tribunal found that the appellant's immediate availability of Cenvat credit made the situation revenue neutral, supporting the appellant's contention of no intention to evade duty. Penalties imposed under sections 76 and 78 of the Finance Act, 1994, were set aside due to the immediate Cenvat credit availability. The Tribunal also extended the benefit of Section 73(3) of the Finance Act, 1994, to the appellant for promptly paying the service tax upon audit discovery. en-us Fri, 27 May 2016 00:00:00 +0530 Tue, 31 May 2016 10:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=328311 The Appellate Tribunal CESTAT CHENNAI held that the appellant, engaged in manufacturing, was not liable to pay service tax under Business Auxiliary Services for commission paid to foreign agents. The Tribunal found that the appellant's immediate availability of Cenvat credit made the situation revenue neutral, supporting the appellant's contention of no intention to evade duty. Penalties imposed under sections 76 and 78 of the Finance Act, 1994, were set aside due to the immediate Cenvat credit availability. The Tribunal also extended the benefit of Section 73(3) of the Finance Act, 1994, to the appellant for promptly paying the service tax upon audit discovery. Case-Laws Service Tax Fri, 27 May 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=328311