2017 (5) TMI 698

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.... Member (Technical) Ms. Vibha Narang (Advocate) for the Appellant Mr. Ranjan Khanna, DR for the Respondent ORDER Per S.K. Mohanty: Feeling aggrieved by the impugned order dated 22.12.2010 passed by the Commissioner (Adjudication), Service Tax, New Delhi, both the assessee as well as the Revenue have filed the appeal before this Tribunal. The grievance of Revenue is that service tax ....

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....arrive at such conclusion, the Ld. Commissioner (Appeals) has also held that the appellant is purchasing the foreign currency from the customer and selling the foreign currency to TCIL. Thus, there is no relation exists between both the parties as principal and agent. 2. Revenue's contention is that the appellant has been appointed as an agent of TCIL and as such the findings of the adjudicatin....

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....ions of the appellant are that some of the services for which the service tax credit has been denied relates to the services covered under Rule 6(5) of the Cenvat Credit Rules, 2004 under which irrespective of the use for exemption output service, the entire benefit of credit should be permissible to the appellant. Further, the appellant submits that on the other services, the appellant had paid t....

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....that even prior to issuance of SCN, the said amount alongwith interest was paid by the appellant. Thus, the benefits of sub-section 3 of section 73 should be available to the appellant for non-imposition of penalty. 6. We find that upon analysis of the contract entered into between the appellant and TCIL that the relationship between the appellant and the TCIL is that of seller and purchaser an....