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M/s. Shree Khedut Sahakari Khand Udyog Mandli Limited Versus Commissioner of Central Excise & S.T., Surat

2015 (10) TMI 2100 - CESTAT AHMEDABAD

Denial of CENVAT Credit - Sales Commission - Bar of limitation - Held that:- the demand of service tax of Commission Agent is required to be upheld on merit, but, it is not sustainable for the extended period of limitation.

Regarding the d .....

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l in the case of CCE, Allahabad vs. Kisan Sahkari Chini Mills Limited - [2008 (4) TMI 607 - CESTAT, NEW DELHI ], on the identical situation, set-aside the penalty. In the present case, the penalty is imposed under Section 11AC of the Central Excise A .....

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of assessee. - Appeal No. : E/10837/2013 - Order No. A/11330/2015 - Dated:- 18-9-2015 - Mr. P.K. Das, Member (Judicial) For the Petitioner : Shri Rahul Gajera, Advocate For the Respondent : Shri S.K. Shukla, Authorised Representative ORDER Per : Mr. .....

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bmits that the balance amount of ₹ 2,74,868/- on construction service is already paid by them and they are only contesting imposition of penalty. He submits that by show cause notice dated 09.03.2011, demand of service tax was raised for the pe .....

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or the extended period of limitation. The learned Advocate also relied upon the decision of the Tribunal in the case of Shilp Grauvers Limited vs. CCE & ST, Ahmedabad- Final Order No. A/10701/2015 dated 28.05.2015. I find that the demand of servi .....

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