TMI Blog2009 (9) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of Chandrapur Magnet Wires (P.) Ltd. v. Collector of CE 1996 (81) ELT 3 held that- the assessee was not liable for demand of interest and penalty, thus there is no merit in the appeal of the revenue. - ST/CO/26 OF 2008 - A/546-547 OF 2009/SMB/CIV - Dated:- 17-9-2009 - ASHOK JINDAL, JUDICIAL MEMBER T. Tiju for the Appellant. JUDGMENT 1. This appeal is filed by the revenue against the impugned order wherein the penalty against the respondent has been waived by the lower appellate authority. The respondent is also filed a Cross Objection. 2. The facts of the case are that the respondent provides service under the category of Rent-a-Cab and availed abatement of 60 per cent on the value of taxable service in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion in the case of Chandrapur Magnet Wires (P.) Ltd. v. Collector of CE 1996 (81) ELT 3, the appeal of the assessee was allowed. 3. Aggrieved by the same, the revenue is in appeal before me. 4. Heard both sides and perused the records. 5. Learned SDR appearing on behalf of the revenue contended that the lower appellate authority has allowed the appeal of the respondent following the ratio of decision of Chandrapur Magnet Wires (P.) Ltd. (supra). The facts of the instant case are altogether different from the facts of Chandrapur Magnet Wires (P.) Ltd.'s case (supra). In Chandrapur Magnet Wires (P.) Ltd.'s case (supra), the assessee has availed the Cenvat credit but the same was not utilized and it was reversed. In the instant case the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit after the Notification No. 1/2006-ST, dated 1-3-2006 himself has reversed the Cenvat credit availed and informed the Department on 7-9-2006 but the show-cause notice was issued on 11-12-2007 which is beyond the stipulated period of one year, so the demand is time-barred. Moreover, there was no mala fide intention of the respondent to avail the Cenvat credit. Although the lower appellate authority has held that reversing the credit amounts to not taking the credit, as has been held in the case of Chandrapur Magnet Wires (P.) Ltd. (supra), the respondent was not liable for demand of interest and penalty but on merits also the respondent is having a good case in his favour as the demand is time-barred. 8. In the above terms, I do not fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
