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M/S. Rishad Shipping & Clearing Agency ... vs Commissioner Of Customs, Mumbai on 19 October, 2010

I am of the view that the case of Rishi Shipping(supra) is related to the adjustment of excess amount in terms of Rule 6 (4A) where limit is only Rs. 1 lakh whereas in the present case appellant claimed that adjustment is in terms of Rule 6(1A) therefore the said judgment is not applicable. As per my above discussion, I am of the considered view that as per the facts, appellants case is covered by Rule 6(1A) of Service Tax Rules, 1994 according to which the adjustment of advance payment is permissible against service tax liability in the subsequent period without any limit of the amount, therefore the impugned order is not sustainable, hence the same is set aside. Appeal is allowed.
Custom, Excise & Service Tax Tribunal Cites 0 - Cited by 3 - Full Document
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