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2008 (12) TMI 153

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.... the Appellant. Ravi Raghavan for the Respondent. [Order per : P.K. Das, Judicial Member.]. - Both the appeals arise from a common order and, therefore, both are taken up together f or decision. 2. The relevant facts of the case, in brief, are that M/s. P.T. Education & Training Service Ltd. (in short, "the assessee") has been providing the services of coaching centre. Service Tax was introduc....

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.... The assessee filed appeal against the impugned order insofar as the demand of tax of Rs. 71,297 and penalty. 3. After hearing both the sides and on perusal of the records, we find that the issue involved in the present case has already been decided by the Tribunal in the case of CCE v. Krishna Coaching Institute [2009] 19 STT 486 (New Delhi- CESTAT). The relevant portion of the said decision is ....

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....nvoice indicating the service charges (noting that the amount already stands paid) and indicating service tax payable. 6.7 As the services have been actually rendered prior to 1-7-2003, the payment received earlier does not make it as service charges attributable to services rendered prior to 1-7-2003. Therefore, service tax is payable. To that extent the order of the Commissioner (Appeals) is er....