TMI Blog2012 (7) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 – 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reon on 06.02.2007. Proceedings were initiated by way of issuance of Show Cause Notice on 24.04.2009 in respect of the payment made by the appellant towards Service Tax and also in respect the processing fees paid by them during the period prior to 18.04.2006 i.e. the date on which Section 66A was enacted bringing in the liability to pay Service Tax in respect of the services rendered in India by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... covered by precedent decision, he submits that the matter may be finally decided at this stage itself instead of granting stay and hearing the appeal subsequently. 3. After hearing both sides, we consider that the issue is no longer res-integra and therefore the matter can be finally decided as submitted by ld.Counsel and accordingly we waive the requirement of pre-deposit and take up the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty under Section 78 of Finance Act, 1994 cannot be sustained since there is no need for suppressing fact, resorting to mis-declaration or undertake fraudulent act with an intention to evade duty since the CENVAT Credit would be available, the moment the payment is made to the Government. This view was upheld by the Hon'ble High Court of Karnataka in the case of C Ahead Info Technologies Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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