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2017 (5) TMI 698 - AT - Service TaxBusiness Auxiliary Service - money changers business - taxability - Held that: - the relationship between the appellant and the TCIL is that of seller and purchaser and cannot be termed as principal and agent. Thus, no service tax is leviable on the appellant on the charges received by it from TCIL - demand set aside. CENVAT credit - utilisation in excess of 20% as per Rule 6(3) of CCR, 2004 - denial on the ground that the appellant had not produced any documents before them - Held that: - Since the appellant submits that the documents are available with it, we are of the view that the matter should go back to the original authority for verification of the documents - matter on remand. CENVAT credit - credit utilized exclusively for exempted service - the appellant submits that even prior to issuance of SCN, the said amount alongwith interest was paid by the appellant - benefits of sub-section 3 of section 73 available or not? - Held that: - the benefit of sub-section (3) of section 73 ibid should be available to the appellant for non issuance of SCN, especially for imposition of penalty. Therefore, penalty imposed on this count is set aside. Appeal allowed - part matter decided in favor of assessee and part matter on remand.
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