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2012 (7) TMI 196 - AT - Service TaxPenalty - Invocability of extended period - Appellant company is engaged in the manufacture and supply of Wind Energy Turbines within and outside India - appellant voluntarily paid the Service Tax and interest thereon on 06.02.2007. Proceedings were initiated by way of issuance of Show Cause Notice on 24.04.2009 – Held that:- Invocability of extended period in cases where the receiver of Service Tax is eligible to avail CENVAT Credit, is no longer res-integra and in such cases, it has been held that no penalty can be imposed - when the situation is revenue neutral and the appellant manufacturer is entitled to CENVAT Credit, it cannot be said that there was an intention to evade duty and extended period can be invoked - penalty imposed on the appellant cannot be sustained – In favor of assessee
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