9911796707
TMI Blog2014 (8) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... Jaiswal, DR, for the Respondent. ORDER Two stay petitions filed in two appeals are being considered in this proceeding. These arise out of the same order. The first appeal is by the Circle Office of Punjab National Bank at Ludhiana. The second appeal is by the Branch Office of the same bank at Ludhiana. The matter relates to the period 1-4-2008 to 31-3-2009 and involves tax amount of Rs. 2,05,6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were transferred to the Ludhiana circle office and the registration of the branches were surrendered. 3. The dispute in this case relates to input service for which Cenvat credit could have been taken by Ludhiana branch prior to 31-3-2009 but was not taken. This mistake of the branch was found out in their internal audit and later they filed revised returns for the periods April 2008 to Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ludhiana Branch and from the Circle Office in respect of the same input services on which tax amount of Rs. 2,05,60,426/- was paid by the service provider. Further there is penalty of Rs, 2,05,60,426/- each imposed on the Branch and the Circle Office. 4. After hearing both sides what we find is that there is no dispute about the fact that the service tax in question was provided by the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not a reason to deny credit on such tax paid. Thus no case of real revenue loss is made out but some procedural infractions are alleged, that too in a situation of changing from a system of payment of service tax by every branch to a system of paying tax by the Circle office for all branches falling under the circle. 5. The main allegation was that revised return for one of the return perio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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