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M/s Garden Silk Mills Ltd. Versus Commissioner of Central Excise And Service Tax, Surat-I

2015 (12) TMI 601 - CESTAT AHMEDABAD

Denial of CENVAT Credit - GTA services - Imposition of penalty - Held that:- Appellant has already paid the entire CENVAT Credit demand on GTA services on 16.07.2012. During the course of hearing, the learned Advocate appearing on behalf of the Appellant fairly agreed that the interest on the irregularly taken credit may be payable. In view of the case law of Market Systems Ltd Vs CCE & ST Vadodara-II (2014 (6) TMI 33 - CESTAT AHMEDABAD), passed by the Bench, it is held that the interest on the .....

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the date of amendment to CENVAT Credit Rules. This order passed by Larger Bench was set aside by Hon'ble Karnataka High Court [2011 (3) TMI 248 - KARNATAKA HIGH COURT] only in the year 2011. Therefore, the Appellant had a bonafide belief that such CENVAT Credit taken is admissible. Accordingly, it is held that present case is not a fit case for imposition of penalty under Rule 15(4) of CENVAT Credit Rules 2004. - Decided in favour of assessee. - Appeal No. E/801/2012 - Dated:- 9-6-2015 - H K Th .....

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is case that the Larger Bench in the case of ABB Ltd Vs CCE & ST, Bangalore 2009 15 STR 23 (Tri - LB), held the credit to be admissible on GTA services from the place of removal as the transportation activity was considered to be an activity relating to business. This judgment of Larger Bench was reversed by Hon'ble Karnataka High Court in the case of CCE & ST Bangalore Vs ABB Ltd [2011 (23) STR 97 (Kar.)] in 2011, that Appellant was under the bonafide belief that CENVAT Credit on GT .....

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2004 read with Section 11AC of Central Excise Act, 1944 is not imposable as the Appellant was under the bonafide belief that CENVAT Credit is admissible on GTA services from the place of removal as per Larger Bench judgment delivered by CESTAT Bangalore in the case of ABB Ltd Vs CCE & ST Bangalore (supra). 3. Shri G. Jha, Authorised Representative appearing on behalf of the Revenue argued that CENVAT Credit and interest on GTA services upto the place of removal has been correctly confirmed .....

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