2016 (12) TMI 437

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....R) for the respondent Order As the issue involved in both appeals is identical, they are taken up for disposal by this common order. Appellant, M/s NRB Bearing Ltd, was served with two separate notices for levy of tax as recipient of 'commission agents service' covered under 'business auxiliary service' as defined in section 65(19) of Finance Act, 1994 and chargeable under se....

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....s received from abroad. In appeal no. ST/85025/2015 pertaining to the period from 2003-04 to 2007-08, penalty of Rs. 20,000 imposed under section 70 of Finance Act, 1994 penalty at Rs. 200 per day imposed upto April 2006 with appropriate rate as specified for the period thereafter under section 76 of Finance Act, 1994 and Rs. 10,000 under section 77 of Finance Act, 1994 is sought to be set aside. ....

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....lty. The Tribunal cannot, therefore, revisit the demand for tax on services provided by commission agents abroad. I, therefore, decline to consider the challenge other than that of imposition of penalties. 4. I also notice that in one of the impugned orders, the penalties are restricted to that empowered under section 70 and section 77 of Finance Act, 1994 and in the other, in addition to penal....

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....grounds and submissions. 5. No justification has been brought forth either in the appeal or in the submissions that penalties under section 70 and 77 are not to be imposed. The discretionary empowerment under section 80 of Finance Act does not extend to penalties imposed under section 70. 6. The tax confirmed and accepted as liability by the appellant is Rs. 1,93,075 for the period from 2006....