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2015 (10) TMI 2535 - CESTAT CHENNAI

2015 (10) TMI 2535 - CESTAT CHENNAI - TMI - 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 not found to be irrelevant. There was no enquiry conducted 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 findin .....

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d to have been not utilised. If the authority 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 is allowed on that count and there shall be no such penalty. - Decided in favour of penalty - ST/40200/2013 - FINAL ORDER NO. 41321 / 2015 - Dated:- 1-10-2015 - Shri D.N. Panda, Judicial Member For the Appel .....

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rovider vide no.(i) AGR 10622/O&M/0002/2006, 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 recording any cogent reason warranting such reversal. Revenue merely supports adjudication. 2. There is no material on record to suggest that reversal is warranted when availing of service was not found to be .....

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