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M/s. STERLITE INDUSTRIES (I) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, TIRUNELVELI

2015 (10) TMI 2535 - CESTAT CHENNAI

Cenvat credit - service tax paid towards cost of insurance covered in the cost of Maintenance Service provided by M/s. Wartsila India Ltd. - Held that:- there is no material on record to suggest that reversal is warranted when availing of service was .....

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elated to operation and maintenance of the captive power plant of the appellant by the service provider. Therefore, appeal is allowed. - Levy of interest - appellant submitted that interest has been levied on the two invoices while there was reve .....

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y finds that the credit was not utilised but merely recorded in RG-23 register, there shall not be levy of interest on the amount reversed. - Waiver of penalty - Held that:- prayer is justified for the reasons stated as above. Therefore, Appeal i .....

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nt : Shri R. Subramaniyan, AC (AR) JUDGEMENT The question involved in this appeal is whether service tax (inclusive of cess) paid by the appellant towards cost of insurance covered in the cost of Maintenance Service provided by "M/s. Wartsila In .....

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006, dated 23.01.2006 and (ii) AGR 10827/O&M/0001/2006, dated 26.12.2005 was reversed by the appellant, on the basis of two Credit Notes issued by the said service provider appellant was liable to reverse the credit of ₹ 43,779/- without re .....

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by Revenue to ascertain whether the service tax of the above amount collected from the appellant has not gone to Treasury. There is also no finding on record to show that insurance was not related to operation and maintenance of the captive power pla .....

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