Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2014 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (12) TMI 549 - AT - Service TaxPenalty u/s 76 & 77 - service tax on GTA - Held that:- GTA service on which service tax demand was raised is related to export of goods, hence the bona fide belief of the Appellant is established. The Appellant admittedly paid the entire service tax before issuance of show cause notice. They are in any case entitled to Cenvat credit in respect of service tax on GTA being related to export of goods in the light of Hon'ble Gujarat High Court judgment in Inductotherm India P. Ltd. case cited [2014 (3) TMI 921 - GUJARAT HIGH COURT]. Service of GTA is in respect of export, hence the Appellant is entitled for Cenvat credit in respect of service tax paid on GTA for export goods. Therefore the service tax demanded by the revenue was admissible Cenvat credit and it is clear case of revenue neutrality. No reason for imposition of penalty on the Appellant under Section 76, hence the same is waived - However, penalty u/s 77 is upheld - Decided partly in favour of assessee.
|