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JAS Telecom Pvt. Ltd. Versus Commissioner of Central Excise, Customs and Service Tax Bangalore-I

2015 (5) TMI 981 - CESTAT BANGALORE

CENVAT Credit - whether there was any malafide on the part of the assessee to avail the credit in respect of the exempted goods also - Held that:- Availment was with the due knowledge of the Revenue inasmuch as the same was being reflected in their statutory records as also in returns. This was an action of ignorance on their part and not being aware of the law. Inasmuch as it was being availed with the knowledge of the Revenue by reflecting the same in the statutory records and inasmuch as they .....

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ed by the Legislature so as to avoid and reduce litigation. If the Revenue is still insisting on issuing show-cause notice in such cases, the entire purpose of the said Section gets defeated. - Penalty is set aside - Appeal disposed of. - E/1490/2011-SM - Final Order No. 21341 / 2015 - Dated:- 29-5-2015 - Mrs. Archana Wadhwa, Judicial Member For the Petitioner : Mrs. Vijaya Prakash, Advocate For the Respondent : Mr. S. Teli, AR ORDER Per: Archana Wadhwa The appellants are engaged in the manufact .....

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he said contravention on the part of the assessee, who immediately agreed to the same and reversed the credit of ₹ 8,85,810/- (Rupees Eight Lakhs Eighty Five Thousand Eight Hundred and Ten only) along with interest of ₹ 44,986/- (Rupees Forty Four Thousand Nine Hundred and Eighty Six only) in the month of December 2006 and January 2007 itself. Thereafter vide their letter dated 16.01.2007 they requested the Joint Commissioner for waiver of the show-cause notice in terms of Section 11 .....

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er of the original adjudicating authority was upheld by the Commissioner (Appeals). Hence the present appeal. 4. The Commissioner (Appeals) referred to the Hon ble Supreme Court s decision in the case of Union of India Vs. Dharmendra Textile Processors - [2008 (231) ELT 3 (S.C)] laying down that mandatory penalty under Section 11AC equivalent to the duty evaded is warranted. He also referred to some other decisions laying down that once a case is covered by a situation mentioned in Section 11AC, .....

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