COMMISSIONER OF CENTRAL EXCISE, NAGPUR Vs. MURLI INDUSTRIES LTD.
LAWS(CE)-2015-2-100
CUSTOMS EXCISE AND GOLD(CONTROL) APPELLATE TRIBUNAL
Decided on February 13,2015

COMMISSIONER OF CENTRAL EXCISE, NAGPUR Appellant
VERSUS
Murli Industries Ltd. Respondents

JUDGEMENT

M.V.RAVINDRAN,J - (1.)THESE two appeals are filed against the same Order -in -Appeal. Since the issue involved in both the appeals is same and in respect of the same assessee, they are being disposed of by a common order. Heard both sides and perused the records.
(2.)On perusal of the records, it transpires that the Service Tax liability has been fastened upon the appellant on the ground that they have not discharged the Service Tax liability under reverse charge mechanism for an amount paid by them under the category of 'Banking and other Financial Services' and have raised funds through External Commercial Borrowings (ECB).
(3.)LEARNED DR submits that their appeal is against the imposition of penalty under Section 78 of the Finance Act, 1994, and non -imposition of penalty under Section 76 of the same Act.
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