2016 (12) TMI 1064

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....utosh Upadhyay, Advocate for the Appellants Shri Sanjay Jain, AR for the Respondent Per Archana Wadhwa (for the Bench): Demand of service tax 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....

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....s 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 are not liable to service tax. The said....

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....de 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with the learned advocate that the Board circular holding that services provided outside India are not taxable was withdrawn only on 10.05.2007. O....

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....ri.-Mumbai)] has held that balance sheet being a publicly available document, suppression of such information cannot be alleged and therefore, extended period was not invocable, interest not demandable and penalty not imposable under Sections 11A, 11AB and 11AC of Central Excise Act, 1994. 6. As such, we are of the view that longer period of limitation is not available to the Revenue and accord....