2016 (12) TMI 930

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....a, Advocate - For Appellant Mr. Sanjay Jain, DR -For Respondent Per Mr. Ashok K Arya : The appellant is in appeal against the Order-in-Appeal dated 13.04.2012 passed by Commissioner (Appeals), whereunder the Order-in-Original dated 15.02.2011 was sustained. The Order-in-Original passed by the Addl. Commissioner confirms the service tax demand of Rs. 11,06,897/- under the category of "Bank....

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....oans is on the Indian branches of the said banks and therefore they could not pay the service tax on the fee, etc. charged by the banks in relation to ECB loans provided by foreign banks to them. (ii) As soon as on the advice of the advocate, when they realised their mistake, they paid the entire service tax along with interest on 12.11.2009. They received Show Cause Notice on 13.11.2009 and ta....

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....ws cited by them. 6. The appellant has paid the entire liability of service tax along with interest before the receipt of Show Cause Notice though in this regard a small amount of Rs. 24,732/- along with interest was paid by the appellant on 14.09.2010, for which the reason cited is the different rates of service tax as taken into account for calculation of tax liability for certain period. Fur....

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....t. It is a case of bona fide belief of the appellant that service tax was not payable. Even the interest was paid soon after the passing of the adjudication order. Most importantly, it is seen that whatever tax is paid by the appellant is available to them as Cenvat credit. In such a situation, being a big company, we are of the view that the appellant had no intention to avoid payment of service ....