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2016 (3) TMI 202 - CESTAT NEW DELHI

2016 (3) TMI 202 - CESTAT NEW DELHI - TMI - Cenvat Credit - Exempted service - Appellant contended that it had not provided any exempted service and by mistake that ₹ 94,953/- was shown in the column meant for exempted service in ST-3 return and this mistake happened because the accountant thought that as this amount had not been received from the service recipient but when subsequently received the tax was paid - Held that: In the absence of identification of the exempted service provided .....

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2011 which upheld the primary adjudication order passed by the Additional Commissioner the order portion of which is reproduced below:- 1. I hereby confirm the service Tax amounting to ₹ 35,705/- (Rs. Thirty Five Thousand Seven Hundred and Five Only) and order recovery of the same from M/s. SAMPL Communications Pvt. Ltd. under Section 73 of the Finance act, 1994 as amended. 2. I hereby confirm the demand of Service Tax of ₹ 2,76,047/- (Rs. Two Lakh Seventy Six Thousand Forty Seven on .....

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,705/- being the amount of service tax not paid and being the amount of Cenvat Credit wrongly utilized respectively from M/s. SAMPL Communications Pvt. Ltd. under Section 75 of the Act ibid from the due date till the date of its payment/reversal. 5. I hereby impose penalty under Section 76 of the Finance Act, 1994 on M/s. SAMPL Communications Pvt. Ltd. which shall not be less than two hundred rupees for every day during which the failure continues or at the rate of two per cent of amount of tax .....

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munications Pvt. Ltd. 7. I refrain from imposing penalty under section 78 of the Finance Act, 1994 on M/s. SAMPL Communications Pvt. Ltd. as penalty has already been imposed on them under Section 76 of the Finance Act, 1994. 2. Ld. Advocate for the appellant has pleaded/contended as under:- (A) Short payment of ₹ 35,704/- is admitted. (B) The interest liability is also admitted. (C) Regarding demand of ₹ 276,047/-, the appellant has contended that this demand arises on the ground tha .....

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no service tax was paid on that amount on account of non-receipt of the same. The appellant stated that it duly submitted certificate from M/s. Indra Gandhi Employee State Insurance Hospital to that effect and that this amount was subsequently recovered and service tax paid therein. 3. Ld. DR on the other hand stated that that the very fact all this amount of ₹ 94,953/- was mentioned in the column for exempted service, establishes that the appellant provided exempted service and, therefor .....

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