2014 (12) TMI 912

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....ondent. ORDER This appeal has been filed by the appellant against OIA Nos. 514-515/Commr.(A)/CMC/Raj., dated 31-12-2010 issued on 4-1-2011. Under this OIA, inter alia, penalties under Sec. 76 & 78 of the Finance Act, 1994 were imposed and upheld. Appellant only appealed against the penalties imposed under Sec. 76 & 78 of the Finance Act, 1994 on the ground that appellant has paid the entire ....

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....en by the adjudicating authority and the first appellate authority. 4. Heard learned AR and perused the case records. It is seen from the facts of this case that appellant is providing services relating to granting of loans for and on behalf of ICICI Bank. Similar nature of services were also extended by the appellant in the case of South City Motors Ltd. v. Commissioner, Service Tax (supr....

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....tement is involved. The Higher Courts have been taking the view that in such situations the extended period of time cannot be invoked for raising demand. In this case also the demand is raised beyond the time limit of one year and such demand cannot be sustained. However, demand if any, which is within the normal period of one year is sustainable. Interest is payable on such amount but no penalty ....