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2015 (10) TMI 2093 - CESTAT AHMEDABAD

2015 (10) TMI 2093 - CESTAT AHMEDABAD - TMI - Excess utilisation of CENVAT Credit of 20% of the service tax Rule 6(3)(c) of CENVAT Credit Rules, 2004 Appellant contends that only interest can be charged; penalty cannot be imposed Revenue imposed interest as well as penalty apart from the demand of tax.

Held That:- there is no clarity on the fact in respect of the demand - Matter remanded back to Adjudicating Authority Proper opportunity of hearing given and issue to be examine .....

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period October 2004 to September 2005. 2. After hearing both the sides and on perusal of the records, we find that the demand was raised for excess utilization of CENVAT Credit of 20% of the service tax payable on taxable service tax as laid down under Rule 6(3)(c) of CENVAT Credit Rules, 2004. In the month of October 2004 and June 2005, the Appellant utilised in excess of 20% of the service tax payable of ₹ 1,10,931.00 and ₹ 9.00 respectively. The contention of the learned Advocate .....

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