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2014 (7) TMI 411 - AT - Service TaxCENVAT Credit - Inability to produce original invoices - Penalty - Held that:- As per Rule 9(1)(f) of the CENVAT Credit Rules, 2004, CENVAT Credit of input service can be taken only on the basis of invoice issued by provider of input service which means Original invoices and not copies of invoices. The appellant has admitted that it did not receive original invoices from the input service provider. Therefore, the appellant has wrongly availed the CENVAT Credit without an invoice prescribed under Rule 9(1)(f) of the CENVAT Credit Rules, 2004, and the same has been correctly held recoverable along with interest from them by the lower authorities under Rule 14 of the CENVAT Credit Rules, 2004. However, as the issue involved is availment of irregular CENVAT Credit by the appellant which were duly reflected in the statutory records hence penalty under Section 76 of the Finance Act, 1994 is not called for and the same is set aside. I reduce the penalty imposed on the appellant under Rule 15(3) of the CENVAT Credit Rules, 2004, as it existed during material time, from two thousand rupees to two hundred rupees. - Decided partly in favour of assessee.
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