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2016 (2) TMI 19 - KARNATAKA HIGH COURT

2016 (2) TMI 19 - KARNATAKA HIGH COURT - 2016 (41) S.T.R. 788 (Kar.) - Utilized CENVAT Credit exceeding 20% of the amount of service tax payable on taxable output service - Tribunal directing the respondent to make payment of ₹ 3,71,501/- for the normal period along with the interest for a month's period against the total demand of ₹ 2,15,14,945/- Held that:- Tribunal without following the statutory provisions contemplated under the Act, proceeded to direct the assessee to make the p .....

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opportunity of being heard to the parties. - CEA No. 59/2014 - Dated:- 12-1-2016 - N. K. Patil And S. Sujatha, JJ. For the Petitioner : Mr Jeevan J Neeralgi, Adv For the Respondent : Mr L S Karthikeyan, Adv JUDGMENT This appeal is filed by the revenue challenging the order passed by the Customs, Excise & Service Tax Appellate Tribunal, South Zone, Bangalore in ST/3565/2001-DB dated 27.05.2014. 2. The facts in brief are that the respondent is a banking company providing banking and other fin .....

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one of the services specified in Rule 6(5) of the CENVAT Credit Rules (the Rules' for short). The respondent department noticed that the respondent had wrongly utilized credits of service tax paid on these services to the extent of 100% of the amount of service tax payable on taxable output services for the period up to 31.3.2008 and for the period from 1.4.2008, they had not proportionately reversed the credit attributable to the exempted services. The respondent had utilized the service ta .....

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edit taken on certain services wrongly classifying by the assessee under the category of management maintenance and repair service and technical testing and analysis service etc. specified in Rule 6(5) of the Rules along with interest and further demanded amount towards service tax credits taken during the years 2008-09 and 2009-10 on the services attributable to exempted services payable under the provision of Rule 6(3)(II) read with Rule 6(3A) of the Rules along with the interest and penalty o .....

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the respondent preferred an appeal before the CESTAT in ST/35/665/2012. The CESTAT rejected the appeal as regards the normal period, in respect of wrong classification of services and directed the assessee to make the payment of ₹ 3,71,501/- and interest of ₹ 4025/-. Thus, the appeal was partly allowed by the Tribunal. 4. Aggrieved by the said order, the revenue is before this Court raising the following substantial questions of law: 1. "Whether the CESTAT is empowered to allow .....

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ule 6(3) of Cenvat Credit Rules, 2004 R/W. Rule6(1) of the Service Tax Rules, 1994 provide for payment of duty beyond the prescribed dated mentioned therein"? 4. "Whether the CESTAT is right in restricting the demand only for normal period instead of entire period in view of the provisions contained in proviso to Section 73 of the Finance Act? R/W. Rule 6(3)(c) and Rule 6(3)(ii) /Rule 6(3A)(b)(iii) and Rule 6(3A)(c)(iii) of the Cenvat Credit Rules 2004"? 5. Learned counsel appeari .....

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rest for a month's period. It is further submitted that in terms of amended provisions of Rule 6(6) of the Rules, the respondent was liable to pay the amount determined by the original authority which is wrongly waived off by the Tribunal without assigning any valid reasons. Accordingly, he seeks to set-aside the order passed by the Tribunal and to confirm the order passed in original alternatively, learned counsel seeks to remand the matter to the Original Authority to examine the invoices .....

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