TMI Blog2016 (9) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... esult makes this full transaction of input service a suspect and put it in the category of sham transaction . Consequently, Revenue has rightly confirmed the demand of ₹ 6,61,80,000/- (alongwith interest) relating to cenvat credit wrongly availed by the appellant. Period of limitation - notice given by the Revenue was issued in January 2013 for the credit availed during March, 2010 - it is found that there has been wilful mis-statement and suppression on the part of the appellant with intention to wrongly claim the ineligible credit and Revenue could notice this fact only through their audit. Therefore, the Revenue has rightly confirmed the demand and imposed equivalent penalty on the appellant. - Decided against the appellant - E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... development received from M/s Piramal Pharmaceuitical Development Services Pvt. Limited. (iv) Ld. Advocate relied on the following case laws: * M/s Cadila Healthcare Ltd. -2010 (17) STR 134 (Tri. Ahmd.) * Indswift Laboratories Ltd. -2015-TIOL-372-CESTAT-DEL * Coca Cola India Pvt. Ltd. -2009 (15) STR 657 (Bom) 3. The Revenue has been represented by ld. DR, Shri Yogesh Agarwal, who has reiterated the findings given by Commissioner, Indore in his impugned order. 4. The facts of the case and submission of both the sides alongwith case laws cited have been carefully considered. 5. The appellant claims that they have utilised technology development service which is in the nature of R D activity in the course of their busines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above mention of third party namely MERCK makes the contents of this agreement little vague and dilute its authority. 5.2. Considering the facts of repayment by the service provider of service charges of ₹ 6,61,80,000/- as unsecured loan to the appellant; mention of a third party namely MERCK in the agreement; and the fact on record that this project of technology development for liquid filled hard gelatine capsule didn t give any result makes this full transaction of input service a suspect and put it in the category of sham transaction . Consequently, this is our considered view that Revenue has rightly confirmed the demand of ₹ 6,61,80,000/- (alongwith interest) relating to cenvat credit wrongly availed by the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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