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    <title>2023 (6) TMI 10 - CESTAT KOLKATA</title>
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    <description>The Tribunal found in favor of the Appellant, who mistakenly paid service tax under reverse charge mechanism to a different commissionerate. The Tribunal held that the department should have internally adjusted the payment instead of demanding additional tax. Penalties under sections 76 and 77 of the Finance Act were deemed inapplicable as the service tax had been paid, albeit to the wrong commissionerate. The demand for service tax, penalties, and interest was set aside, and the appeal by the Appellant was allowed, while the Department&#039;s appeal was dismissed.</description>
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    <pubDate>Thu, 18 May 2023 00:00:00 +0530</pubDate>
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      <title>2023 (6) TMI 10 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=438436</link>
      <description>The Tribunal found in favor of the Appellant, who mistakenly paid service tax under reverse charge mechanism to a different commissionerate. The Tribunal held that the department should have internally adjusted the payment instead of demanding additional tax. Penalties under sections 76 and 77 of the Finance Act were deemed inapplicable as the service tax had been paid, albeit to the wrong commissionerate. The demand for service tax, penalties, and interest was set aside, and the appeal by the Appellant was allowed, while the Department&#039;s appeal was dismissed.</description>
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      <pubDate>Thu, 18 May 2023 00:00:00 +0530</pubDate>
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