TMI BlogCitation of case lawX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear all Experts, I want citation of a case law. There is CESTAT judgement wherein it has been held that, Non-imposition of penalty is no revenue loss. This pertains to the year 2012 or 2013. I do not recollect party's name or which CESTAT. I have read it on Taxindiaonline. This judgement may pertain to Central Excise or Service Tax. Can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any expert help me in tracing out this judgement ? Thanks. - Reply By YAGAY AND SUN - The Reply = M/s F S Engineers Vs CCE 2013 (9) TMI 417 - CESTAT AHMEDABAD (Dated: March 28, 2013) Central Excise Default in payment of duty Rule 8(3A) - Whether payment made through cenvat credit during the default period instead of making the payment in cash invites recovery of duty and imposition of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalties - It cannot be said that no duty was paid when transactions were duly recorded in the statutory records - The loss to the revenue is only to the extent of interest for the period from the date of utilising the cenvat credit till the payment of entire duty in cash - Appellant is, liable to pay the interest at applicable rate for this period Penalty under Rule 25 is not attracted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Reply By KASTURI SETHI - The Reply = M/S.YAGAY AND SUN, Sirs, Thanks a lot for devoting your precious time and making efforts for me. Essence of the judgement is same but I want exact language, Non-imposition of penalty is no revenue loss. I have read this sentence in a judgement of CESTAT and want to quote the same in a case listed for personal hearing in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s month. With regards, KASTURI SETHI - Reply By Ganeshan Kalyani - The Reply = I was trying but have not come across. I will try again and come back soon. Thanks. - Reply By Mitesh Gandhi - The Reply = Dear Sethi Sir, Hope this is already sorted out, when I was studying this and going through various replies I came to know this case, Sir I know one work which may be help full which is : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... REVENUE NEUTRAL . Hope this will help. thanks Mitesh - Reply By KASTURI SETHI - The Reply = Dear Sir, I do not agree. The term. Revenue neutral is not proper here. I cannot digest. Actually case-law is very helpful and not interpretation. Still I could not trace out. - Citation of case law - Query Started By: - KASTURI SETHI Dated:- 2-3-2016 Service Tax - Got 5 Replies - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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