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2018 (9) TMI 1725 - AT - Service TaxCENVAT Credit - extended period of limitation - Rule 9(9) of CCR, 2004 - SCN was issue for irregular availment of CENVAT credit by invoking the extended period and proposing to levy penalties under Sections 76, 77 & 78. Held that:- The Commissioner in the impugned order has found that the bank acted bona fidely as it was first year of Service Tax implementation and has taken a lenient view by not imposing penalties by invoking the provisions of Section 80 - further, once the Commissioner has found the conduct of the appellant bona fide and there was a reasonable cause for the act of the appellant, then extended period of limitation cannot be invoked. In the present case, the period involved is from 10/09/2004 to 31/03/2005 whereas show-cause notice was issued on 12/07/2006 which is beyond the normal period of one year as prescribed under law - it is also found that the appellant is a Government of India enterprise and therefore the allegation of suppression cannot be made. Appeal allowed - decided in favor of appellant.
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