2014 (5) TMI 1047

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....t, Advocate, for the Appellant. Shri J. Nair, AR, for the Respondent. ORDER When this stay petition was called out, after hearing both sides for sometime on the stay petition, we find that the appeal itself could be disposed of at this juncture, accordingly, we dispose of the stay petition and take up the appeal itself for disposal. 2. The relevant facts that arise for considerati....

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....that the appellant has paid the entire Service Tax liability and the interest thereof and is seeking the setting aside of the penalties imposed only on the ground that Service Tax liability which is fastened upon the appellant is under the reverse charge mechanism and is eligible to avail as Cenvat credit, as the testing charges are for the products manufactured and cleared by them. He would submi....

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....nt inasmuch as, during the material period such a provision does exist in form of Section 66A of the Finance Act, 1994. We do not find any reason to interfere in such an order which upholds the Service Tax liability and the interest thereof. The appeal filed by the appellant to that extent is rejected. 8. As regards the penalty imposed on the appellant, we find that during the material per....