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2015 (3) TMI 1124 - CESTAT BANGALORE

2015 (3) TMI 1124 - CESTAT BANGALORE - 2015 (40) S.T.R. 743 (Tri. - Bang.) - Adjustment of Refund of service tax with interest liability - Interest was arisen as per EA-2000 Audit Objection - Refund was allowed under Notification No. 41/2007-S.T - Held that:- when the audit pointed out that they were not eligible for the credit, the appellant had simply reversed the credit. Once such a reversal was made, and when the audit pointed out that interest was liable to be paid on 29-9-2008, the appropr .....

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confirmed and no demand has been issued. - Refund allowed - Decided in favor of assessee. - ST/2158/2010-SM - Final Order No. 20663/2015 - Dated:- 6-3-2015 - Shri B.S.V. Murthy, Member (T) Shri B. Venugopal, Advocate, for the Appellant. Shri A.K. Nigam, AR, for the Respondent. ORDER Nobody is present on behalf of the appellant. The appeal is against the decision of the lower authorities wherein refund of ₹ 44,887/- held to be admissible and sanctioned to the appellant in terms of Notifica .....

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Notification No. 41/2007-S.T., dated 6-10-2007 as amended, however, the same is appropriated and adjusted towards the interest amount of ₹ 8,85,326/- arising out of EA-2000 audit objection in respect of para 7 for the period ending December, 2007 which is pending recovery as on date. It is his submission that in the absence of a specific order confirming demand and interest, adjustment could not have been made. 2. Learned AR on the other hand would draw my attention to the impugned o .....

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he said services exported. (ii) The appellants had availed Cenvat credit for the Service Tax amount of ₹ 1,13,50,331/- paid on the said output services. (iii) As the said service was in the nature of output service the audit objected with regard to the availment of Cenvat credit of the Service Tax paid. (iv) on being pointed out by the audit, the assessee had reversed the entire service tax credit amount vide RG.23A Part II Sl. Nos. 4066/29-2-2008; 4067/29-2-2008 & 4068/29-2-2008. (v) .....

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considered the submissions. No doubt, the liability which is admitted and not adjusted will have to be paid with interest. Admittedly from the reproduced portion of the report, it is seen that when the audit pointed out that they were not eligible for the credit, the appellant had simply reversed the credit. Once such a reversal was made, and when the audit pointed out that interest was liable to be paid on 29-9-2008, the appropriate procedure to follow was to issue a show cause notice as per su .....

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-section (1) in respect of the duty, and inform the Central Excise Officer of such payment in writing, who, on receipt of such information shall not serve any notice under sub-section (1) in respect of duty so paid : Provided that the Central Excise Officer may determine the amount of short payment of duty, if any, which in his opinion has not been paid by such person and, then, the Central Excise Officer shall proceed to recover such amount in the manner specified in this section, and the perio .....

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ment of duty. Explanation 2. - For the removal of doubts, it is hereby declared that the interest under section 11AB shall be payable on the amount paid by the person under this sub-section and also on the amount of short-payment of duty, if any, as may be determined by the Central Excise Officer, but for this sub-section. Therefore, once the appellant reversed the credit and intimated to audit officers and as a result when the audit objection was communicated, the concerned jurisdictional offic .....

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