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2012 (8) TMI 835 - AT - Central ExciseDenial of CENVAT Credit - Rent-a-cab service - Penalty - Held that:- If any amount of service provided is recovered from the employees, to the extent amount recovered, the assessee is not entitled for input service credit. As the issue involved is interpretation of the provisions, therefore, penalty is not warranted in the instant case. Accordingly, penalty is waived. But the appellants are directed to contact the adjudicating authority for quantification of the amount which is deniable - Both adjudicating authority and the appellants shall calculate the amount deniable and thereafter the appellant shall pay the amount deniable alongwith interest - Decided partly in favour of assessee.
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