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2018 (12) TMI 1295 - AT - Service TaxPenalty u/s 78 - reversal of CENVAT Credit wrongly availed - no suppression of facts - applicability of Section 73(3) of the Finance Act - Held that:- After the audit raised the objection, the appellant reconciled his accounts and paid the service tax along with interest much before the issuance of the show-cause notice. Assessee has also accepted that the CENVAT credit was wrongly taken on account of clerical mistakes committed by the officers who were handling Service Tax matters and the Finance Manager of the unit who was handling the service tax matter had also resigned. The SCN was issued merely on audit objections and in view of the various decisions, no suppression can be alleged merely on audit objections. Appeal allowed - decided in favor of appellant.
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