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2018 (12) TMI 86 - AT - Service TaxExtended period of limitation - no malafide intent - revenue neutral situation as whatever service tax was paid by the appellant was entitled for cenvat credit - paymnet of service tax with interest on being pointed out - penalty for the normal period - Held that:- Whatever amount of service tax is to be paid by the appellant under reverse charge mechanism, the appellant entitled to avail cenvat credit. In that circumstances, relying on the decision of this Larger Bench in the case of Jay Yuhshin Ltd. [2000 (7) TMI 105 - CEGAT, COURT NO. I, NEW DELHI], the extended period of limitation is not invokable. Penalty for the demand within normal period - Held that:- The extended period of limitation is not invokable, consequently, for the demand within the period of limitation penalty is not imposable on the appellant - As extended period of limitation is not invokable, therefore, a show cause notice was not required to be issued to the appellant in terms of Rule 73 (3) of the Finance Act, 1994. Appeal allowed - decided in favor of appellant.
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