TMI Blog2013 (12) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... adjustment - Imposition of penalty - Held that:- From the letter dated 30-6-2009, we find that a proper intimation was given to the Asstt. Commissioner and the said letter also discloses the discussion between the appellant and the Asstt. Commissioner. It is also written in the said letter that Asstt. Commissioner was kind enough to permit the appellant to take the credit. Revenue is not disputin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iable to pay service tax. They were availing Cenvat credit in respect of inputs as also in respect of input services and was utilising the same for payment of service tax wherever paid. 2. Revenue entertained an objection that inasmuch as the appellants are clearing their final product on payment of service tax as also without payment of service tax, they are entitled to use only 20% of the cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kind enough to permit us to take credit in Cenvat credit and also without payment of interest, as there is no loss of revenue to the govt, it is bookish entry. Accordingly, Rs. 5,81,850/- have been deposited in cash on 30th June, 2009 and credit has been taken in the Cenvat credit. 5. Subsequently a show cause notice was issued to the appellant on 3-3-2010 alleging that the self-book adjustmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that be so, the permission of the Asstt. Commissioner is deemed to have been granted during the personal discussion between the appellant and the Asstt. Commissioner. We find no reasons to direct the appellants to deposit any part of demand or the penalty imposed. We accordingly dispense with the same and allow the stay petition unconditionally. 7. Ld. AR submits that reference to judgment of La ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
