2026 (4) TMI 367

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....f are that the appellant is a manufacturer of various types of Pumps and other excisable goods. They are also providing service and was having service tax registration and was also filing returns from time to time. For providing services of receiving retainership fees, commission payments and payment against software purchase service tax was not paid but subsequently they have paid the service tax. They had also provided corporate guarantee to WPIL Int PTE Ltd., Singapore for an amount of Rs.75,80,693/- to enable them to avail loan facility from Axis Bank Limited, Singapore during the year 2012-13. 2.1 During the course of audit, the Audit officials observed that the appellant had paid the entire amount of service tax along with interest....

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.... demand is also barred by limitation. 2.4 The appellant was issued with an Order-in-Original dated 31.03.2016 and Corrigendum dated 29.04.2016. By the said order, the Adjudicating Authority appropriated the service tax paid and imposed penalty only of Rs.1,73,928/-. In respect of export of service, he confirmed the demand of Rs.9,36,974/-, charged interest and imposed equivalent amount of penalty. 2.5 Against the said Adjudication Order, the appellant filed an appeal before the Commissioner (Appeal) against the demand of Rs.9,36,974/- along with interest and penalty. Department also filed appeal against the said order challenging the reduction of penalty. 2.6 The Commissioner (Appeal) in his Order-in-Appeal dated 29.11.2017, upheld....

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....fact that the raising of Debit Note is amounting to issuance of invoice and the receipt of the payment by convertible foreign exchange in the present case has been satisfied in the sense that the amount equivalent to the foreign exchange was received by the appellant and that has been shown through adjustment amongst the units of the company situated in India and abroad. The benefit of export, thus, cannot be denied. Reliance on the decision in the case of Eagle Flask Industries Limited has no manner of application since the said decision is based on different facts. 3.3 It is further submitted that they have received the corporate guarantee charges in convertible foreign exchange, subsequently which will be appearing from the Ledger and....