Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2018 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (5) TMI 610 - AT - Service TaxInterest in credit reversed - penalty - case of appellant is that the appellant had not utilised the CENVAT credit which was subsequently reversed on their own therefore the interest is not chargeable on the said CENVAT credit - time limitation - Held that: - In the present case the CENVAT credit pertaining to the period 2004-08 was reversed by the appellant in 2008 and declared in the ST-3 return, there was no suppression of fact on part of the appellant, therefore even for interest the SCN should have been issued within the normal period of one year from the date of reversal of CENVAT credit. Penalty - Held that: - though the appellant have availed the credit but they on their own reversed it and declared in their ST-3 return, in that case even the SCN for demand under Section 73(1) should not have been issued - there is no question of penal provision. Appeal allowed - decided in favor of appellant.
|