2014 (2) TMI 753

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..... Wadhwa: Vide impugned order Commissioner has confirmed the demand of Rs.,2,21,32,609/- by denying the benefit of cenvat credit of service tax paid by M/s. Ghari Industries Pvt. Ltd. on account of royalty received from appellant. In addition, penalty stands imposed under various Sections of the Finance Act, 1994. 2. As per facts on record, M/s. Ghari Industries Pvt. Ltd. is a brand name owner of .....

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..... st them by way of show cause notice dated 1.12.2011 for denial of the cenvat credit. The said show cause notice contemplated into the impugned order passed by the Commissioner. 4. After hearing both the sides, we find that admittedly, the appellant had availed the credit of service tax paid by M/s. Ghari Industries on the franchisee services provided by them. The said payment was made during the .....

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..... rt from the above, we also note that the demand is barred by limitation. The petition for amalgamation was pending before the Hon'ble High Court and as such, it cannot be said that there was any suppression or mis-statement on the part of the appellant to irregularly avail the credit with any malafide intention. As such, we are of the view that the demand raised by invoking the longer limitation p .....

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