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2011 (8) TMI 356 - AT - Service TaxPenalty under Rule 15(2) of CENVAT Credit Rules, 2004 read with Section 11AC of Central Excise Act, 1944 - appellant paid the Service Tax credit confirmed with interest even before issuance of Show Cause Notice - He prays that no proceedings should have been initiated and matter should have been closed by relying upon the provisions of Section 11A(2B) of Central Excise Act, 1944 - The Trade notice, No.48/2008(Madurai C.Ex. T.N.), dt.3.10.08, issued by CCE Madurai stated In view of the above provisions, it is brought to the notice of trade and industry that Show Cause Notice under Section 11A(1) of Central Excise Act, 1944 and under Section 73(1) of Finance Act, 1994 will not be served to the defaulters provided they made immediate payment of the duty involved along with interest except under the situations mentioned in Explanation 1 provided under Section 11A(2B) and Sub-section (4) of Section 73 - Therefore, issue of Show Cause Notice, itself was wrong - Therefore, the demand for CENVAT Credit with interest is upheld as not contested and penalties imposed upon the appellant are set aside.
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