Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2018 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 1819 - AT - Service TaxWaiver of penalty imposed u/r 15(3) of the Cenvat Credit Rules, 2004 read with Section 78 of the Finance Act, 1994 - irregular availment of CENVAT Credit was noticed by the audit wing of the department, which was later on reversed - Intent to evade or not - HELD THAT:- It transpires from the available records that the appellant had sufficient balance in its Cenvat account during the period between taking of irregular CENVAT Credit and subsequent reversal thereof. Thus, it cannot be said that the appellant had taken irregular CENVAT Credit by the reason of fraud, collusion, willful mis-statement etc, with intent to defraud the Government’s revenue. The ingredients of Rule 15 (3) of the rules read with Section 78 of the Act are absent in this case for imposition of penalty on the appellant - appeal dismissed - decided against Revenue.
|