TMI Blog2012 (9) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... act was also borne on the relevant returns filed with the Department. Thus the utilization of CENVAT credit was also known to the Department. - Demand is beyond normal period of limitation - Decided in favor of assessee. Revenue argued that availment of such irregular credit came to the knowledge of the department only during the course of audit of the accounts of assessees by the audit party. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-05 and 2005-06 as also against equal amount of penalty. The impugned demand is consequential to denial of CENVAT credit of the service tax paid by the appellant on a service imported from abroad. Prior to 18/04/2006, the date w.e.f. which Section 66A of the Finance Act, 1994 was enacted, there was no liability for a resident Indian recipient of taxable services imported from abroad. The period o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner(Appeals). Hence the present appeal. 3. After hearing both sides, we are of the view that the appellant has a clear case against the impugned demand on the ground of limitation. During the material period, the assessee admittedly filed returns and paid service tax on the gross amount paid to their foreign commission agent as consideration for the service rendered by the latter. Obvio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se Rules, 2002. As such it appears that the assessees deliberately with an intention to avail credit for which otherwise they are not eligible and willfully suppressed such availment in monthly returns and kept the department in dark. Availment of such irregular credit came to the knowledge of the department only during the course of audit of the accounts of assessees by the audit party. Had the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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