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

2016 (2) TMI 314 - CESTAT KOLKATA

2016 (2) TMI 314 - CESTAT KOLKATA - TMI - Waiver of pre-deposit - Nature / type of payment made by the assessee - whether the amount of ₹ 82,82,956/- has been paid towards their routine service tax liability or reversal of CENVAT Credit towards their liability under Rule 6(3) of CENVAT Credit Rules, 2004 - Commissioner did not accept the said payment as reversal of credit observing that the said e-payment was in discharge of their liability towards service tax in providing taxable service .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sequently,, the applicant is directed to deposit ₹ 50.00 Lakhs (Rupees Fifty Lakhs) within eight weeks from today and on deposit of the said amount, balance dues adjudged would stand waived and its recovery stayed during the pendency of the appeal. - Stay granted partly. - Stay Application No. ST/S-76275/14 In Service Tax Appeal No.ST/76128/2014 - ORDER NO : SO/76491/2015 - Dated:- 21-12-2015 - DR.D.M. MISRA, JUDICIAL MEMBER AND SHRI H.K. THAKUR, TECHNICAL MEMBER For the Petitioner : Dr. S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lar availment of CENVAT Credit. He submits that against the said confirmed demand, they have already deposited an amount of ₹ 1.00 Crore(approx..) and also interest of ₹ 16.27 Lakhs and penalty of ₹ 3.72 Lakhs. He submits that the amount deposited should be considered as sufficient to hear their appeal. 3. Ld. A.R. for the Revenue on the other hand, submitted that even though the applicant had claimed that they have reversed/ paid an amount of ₹ 82,82,956/- towards discha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d revised service tax return enclosed at page 79 of the Appeal paper book. 4. In his rejoinder, Ld. Sr. Advocate has submitted that on recalculation of the alleged service tax liability shown in the Notice, the same was reduced from ₹ 136.00 crores to ₹ 134.00 crores and they have enclosed a reconciliation statement alongwith their revised service tax return. Therefore, there is no question of double entry in relation to the payment of ₹ 82,82,956/-. 5. Heard both sides and per .....

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