2010 (7) TMI 496

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....cate, for the Appellant. Shri N.A. Sayyad, JDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. - Heard the ld. Advocate for the appellant and the ld. DR for the respondent. 2. The appellant challenges the order dated 7-7-2009 passed by the Commissioner (Appeals). By the impugned order the adjudicating authority has confirmed the demand to the tune....

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....epay the said amount to the Government. On account of pre-mature repayment of such amount under the said scheme issued under Circular No. 39-T., dated  12-12-2002 issued by the Sales Tax Department, Government of Maharashtra, certain benefits in terms of deductions of certain amount from the repayable amount was granted to the assessee on the ground of loss the assessee might have suffered on....

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.... the buyers, however, has paid only part of it to the State Government, and the remaining amount was shown in their books of account as income in the financial books of accounts as exceptional item in the P & L accounts and, therefore, it was evident that the amount of Service Tax payable to the extent of amount retained by the assessee was actually remitted by the State Government since the amoun....