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2012 (7) TMI 346 - CESTAT, AHMEDABADWaiver of pre-deposit – cenvat credit - suppression of facts or mis-declaration – as soon as the appellant was informed that they are liable to Service Tax, they promptly paid the Service Tax with interest - Held that:- if the appellant was to pay Service Tax on the services received by them, the entire amount was available as CENVAT Credit and could have been utilized for payment of Excise duty on the manufactured goods. By not paying the Service Tax, the appellant have, in fact, lost the benefit of immediate credit and interest element and no benefit could have been derived by avoiding Service Tax in this case. There is no suppression of facts or mis-declaration. Requirement of pre-deposit of penalty is waived. Stay granted.
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