2023 (8) TMI 901

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....nt facts leading to the present dispute are that the appellant inter alia had paid certain amounts to M/s. Areva T&D Holding SA, France towards Royalty and Technical Knowhow and had made provision for the same in their books of account. 2.2 The Department, entertaining a doubt, in terms of Explanation to Section 67 of the Finance Act, 1994 and Explanation to Rule 6(1) of the Service Tax Rules, 1994, that where the transaction of taxable service was with an 'Associated Enterprise', any payment received towards the value of taxable service would include any amount credited or debited, as the case may be, whether called "suspense account" or by any other name in the books of account and that there was Service Tax liability, issued a Show Ca....

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....wards the payment of Royalty and Technical Knowhow fees? 9.1 We have considered the rival contentions and we have also gone through the order of this Bench relied upon by the Ld. Advocate. 9.2 We find, in the facts of this case as well as the grounds urged by the appellant, that the appellant has not disputed but has paid the tax as demanded; but however, the only grievance of the appellant is as to the chargeability of interest. 10. We find that after hearing both sides and following the ratio in the cases of M/s. Tata Consultancy Services Ltd. v. Commissioner of S.T., Mumbai [2016 (41) S.T.R. 121 (Tri. - Mumbai)], M/s. Alstom T and D India Ltd. and Schneider Electric Infrastructure Ltd. v. Commissioner of Central Excise & Service....