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2015 (12) TMI 752 - AT - Service TaxImposition of penalty - reversal of cenvat credit before utilization - Construction service - Held that:- Admittedly the appellant reversed the credit immediately on being pointed out by the Audit. There could be some confusion on their part as regards the availability of the credit inasmuch as it was their own unit which was being constructed in Maharashtra and all the accounts were being maintained at their Unit in Hyderabad. Further, the appellant had not utilized the credit and the same was paid back to the Revenue immediately on being pointed out by the audit, along with interest. The above two decisions referred to and relied upon by the learned advocate are holding that in such a situation penal provisions would not get attracted. In view of the above decisions, I set aside the penalty imposed upon the appellant and allow the appeal to that extent. - Decided in favour of assessee.
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