2016 (12) TMI 1532

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....Shri A.B. Kulgod, AC (AR), for Respondent Per: M.V. Ravindran This appeal is directed against Order-in-Original No. 288/19/V/2011/COMMR/KS/ST dated 30.9.2011 passed by the Commissioner of Central Excise, Mumbai-V. 2. Heard both sides and perused the records. 3. The issue that falls for consideration is whether the appellant is required to discharge the Service Tax liability on the amount recei....

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....and of Service Tax liability and interest thereof but set aside the penalty imposed under Section 78 by invoking provisions of Section 73(3) of the Finance Act, 1994. The learned Counsel also relied on the decision of the Tribunal in the case of Commissioner of Central Excise, Patna Vs. Advantage Media Consultant -  2008 (10) STR 449 (Tri-Kol), which has been upheld by the Hon'ble Supreme....

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....ugh partial amount of interest was discharged belatedly) on being pointed out by the Revenue authorities. We find that the similar cases have been booked by the authorities against all the Oil Marketing Companies and Service Tax liability has been discharged and Tribunal has been taking a view that the penalty need not be imposed on the PSU's. We perused the agreement in the case in hand and find ....