2016 (11) TMI 522

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....t Mr. Sanjay Jain, DR For Respondent Per Ms. Archana Wadhwa : Demand of service tax of Rs. 66,13,175/- stands confirmed against the appellant along with confirmation of interest and imposition of penalties on the ground that they were required to pay the same on reverse charge basis in respect of 'Foreign Agent Commission' service so received by them during the period 09.07.2004 to 31.12.....

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....ct matter of litigation before various courts and was finally decided by Hon'ble Bombay High Court on 11.12.2008, the assessee was under bona fide belief that no service tax liability would fall upon them on reverse charge basis. He also draws our attention to the Board's circular No.36/4/2001-ST, dated 08.10.2001 clarifying that services provided outside limits of Indian territorial waters ar....

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.... the same were never made available to Revenue. He further submits that there is no reason to entertain the bona fide belief and Revenue is justified in invoking the longer period of limitation. 5. After appreciating the submissions made by both the parties, we fully agree with the ld. advocate that till 17.04.2006, no demand of service tax on reverse charge basis can be raised against the asse....

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.... no suppression or mis-statement on the part of the assessee so as to avoid the service tax payment with a mala fide intention. Tribunal in its decision in the case of Kirloskar Oil Engines Ltd. Vs. CCE, Nasik [2004 (178) 998 (Tri.-Mumbai)] has held that balance sheet being a publicly available document, suppression of such information cannot be alleged and therefore, extended period was not invoc....