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2013 (11) TMI 1407 - CESTAT AHMEDABADService tax liability - Adjustment of excess duty paid - Rule 6(4A) & (4B) of Service Tax Rules, 1994 - Penalty u/s 76 - Held that:- any excess amount of Service Tax required to be paid by the appellant should be adjusted from the excess duty paid in the subsequent period as outlined in Rule 6 (4A). However, the adjustment mentioned above are subject to the conditions specified under Rule 6 (4B) which, inter alia, according to which any amount in excess of specified amount cannot be adjusted by the appellant. The second condition is that such an adjustment should be intimated to the jurisdictional Central Excise officer within a period of 15 days from the date of such adjustment. The amount adjusted by the appellant was more than the amount specified in the Rule and no intimation was given to the jurisdictional Central Excise officer - Under Rule 6(3), there are no conditions like the value limit to be adjusted or regarding giving intimation of the adjustment to the jurisdictional Central Excise officer. Appellant had a bonafide belief that the entire amount of Service Tax payable can be adjusted against excess Service Tax paid, therefore, it is a fit case where the provisions of Section 80 of Finance Act, 1994 can be made applicable. Accordingly, penalties imposed upon the appellant under Section 76 of Finance Act, 1994 are set aside - Decided partly in favour of assessee.
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