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2014 (8) TMI 27 - AT - Service TaxAvailment of wrong CENVAT Credit - amount was reversed before before issue of SCN but interest was paid later - Invocation of extended period of limitation - Penalty - Held that:- The Commissioner (A) has taken the view that the appellant is working under self-assessment scheme and he is bound to be honest in taking credit and discharging liability - If the appellant had intentionally taken the credit, they need not have paid the amount before the issue of show-cause notice but waited for show-cause notice to be issued and challenged the same on the ground of limitation thereafter. The very fact that the appellant paid the amount before issue of show-cause notice and when it was found that interest liability was not fully discharged, they paid the balance, would go in favour of the appellants - this was not a case for invoking extended period for imposition of penalty - penalty imposed on the appellant is set aside and demand for wrongly availed Cenvat credit with interest is upheld as not challenged - Decided partly in favour of assessee.
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