2011 (1) TMI 101

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....easons recorded below, we waived predeposit of service tax of Rs.48,90,540/- + education cess of Rs.97,811/- and penalties of Rs.49,88,351/- and Rs.100/- per day upto 17.4.2006 and Rs.200/- per day from 18.4.06 or 2% of the service tax and education cess and proceeded to hear and decide the appeal itself at this stage with the consent of both sides.   2. The case of the department is that th....

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.... as per Section 195A of the Income Tax Act and that the income tax remitted on the value of taxable service is over and above the amount charged by the service provider and does not form part of the amount payable as per the contract. In this connection, they rely upon a chart showing details of gross sale value on which service tax was paid and which shows income tax paid over and above the sale ....