New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (12) TMI 601 - CESTAT AHMEDABAD

2015 (12) TMI 601 - CESTAT AHMEDABAD - TMI - 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 th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the place of removal is admissible even after 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. - Appe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Appellant from the place of removal. It was his 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ority under Rule 15(4) of CENVAT Credit Rules 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 p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version