Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2019 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 524 - CESTAT KOLKATACENVAT Credit - trading activity - common input services - transportation of vehicles upto the premises of appellant - demand on the ground that the credit availed on services on the ground that trading activities are exempted services for the purpose of Credit Rules - HELD THAT:- The Credit Rules specifically provided that trading activities have to be considered as exempted service and therefore the assessee cannot claim the benefit of CENVAT credit to the extent the input service attributable to trading activities. The Tribunal’s decision in the case of Shariff Motors [2009 (3) TMI 155 - CESTAT, BANGALORE] relied by the appellant pertained to the period prior to the date of amendment in the Credit Rules whereby the trading activity has been deemed to be exempted service and therefore, the said decision has no application in the present case - thus, the appellant is not entitled to credit pertaining to trading activities. Penalty - HELD THAT:- The appellant has deposited the service tax amount with interest which is duly recorded in the adjudication order - there was a reasonable cause for non-payment of service tax prior to initiation of proceedings and therefore, the appellant is entitled to the benefit of Section 80 of the Finance Act, 1994 for waiver of penalty - penalty set aside. Appeal allowed in part.
|