2013 (10) TMI 966

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....(AR) JUDGEMENT 1. After hearing both sides for some time, it was seen that both stay petition and the appeal could be taken together because the matter involved is only a penalty of Rs.1,43,874/- and both sides were heard accordingly. 2. The circumstances leading to the imposition of penalty is as follows : 2.1. The appellant had received services from sales agents located abroad durin....

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....t the order of Commissioner appeal. 3. Ld. Advocate for the appellant submits that wrong credit was taken purely due to a mistake in understanding the legal provisions and there was no intention to evade any payment of tax. As soon as the matter was pointed out, the wrong credit was reversed and therefore there is no justification in imposing penalty equal to duty. 4. Ld. AR for Revenue poin....