TMI Blog2013 (11) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of CENVAT Credit Rules, 2004. Regarding the amount of Rs.55,22,860/-, prima facie, we find that the said Service Tax demand is confirmed against the Applicant by including the re-imbursement expenditure in the gross taxable services received from their clients under Rule 5(1) of the Service Tax Valuation Rules, 2006. We find that the said Rule has been struck down by the Hon’ble High Court in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty imposed under Section 78 and Rule 15 of the CENVAT Credit Rules, 2004 and penalties imposed under other provisions of the Finance Act, 1994. 2. At the outset, ld. Advocate, Shri M.L. Gupta for the Applicant submitted that out of the said amount, Rs.54,40,876/- relates to availment of CENVAT Credit on the invoices raised in the name of their Head Office, but utilized by their regional offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules as ultra vires Sections 66 and 67 of the Finance Act, 1994. 3. Heard the ld. AR for the Revenue. The ld. AR reiterated the findings of the Commissioner. The ld. AR could not produce any decision contrary to the judgments of the Hon ble Delhi High Court in the Inter Continental Consultants Technocrafts case (supra). 4. Heard both sides and perused the records. We find that the Applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acie, we find that the laid-down procedure has not been followed by the Applicant in availing CENVAT Credit on the input invoices raised in the name of Head Office. Accordingly, we direct them to deposit 10% of the CENVAT Credit of Rs.54,40,876/- within a period of 8 weeks from today and report compliance on 19.08.2013. On compliance, the balance amount of the dues adjudged would stand waived and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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