TMI Blog2017 (7) TMI 990X X X X Extracts X X X X X X X X Extracts X X X X ..... declaration filed by it was true to the extent of 99.87% - Held that: - since the value declared in the VCES declaration was true to the extent of 99.87%, it cannot be said that such declaration is ‘substantially false’ for denial of the benefit provided under the VCES Scheme. Thus, in terms of the CBEC Circular No.170/5/2013-ST, dated 08.08.2013, there was no requirement of issuance of any show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacturer of sponge iron falling under Chapter 72 of the Central Excise Tariff Act, 1985. The appellant avails the services of Goods Transport Agencies and discharges service tax on such service under reverse charge mechanism. During the disputed period, the appellant did not pay the service tax on the GTA service due to financial constraints. On scrutiny of records, the Audit Wing of the servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the appellant submitted that while computing the service tax liability for the period August 2012 to December 2012, the appellant had mistakenly applied the rate of tax at 10%, instead of the prescribed rate of 12%. He further submits that the differential amount of service tax was paid along with interest suo moto and thus, the VCES declaration filed by it was true to the extent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e declaration, rejection of the VCES application and confirmation of the adjudged demand is in conformity with the statutory provisions. 4. Heard both sides and perused the records. 5. It is an admitted fact on record that no show-cause proceedings were initiated against the appellant for recovery of the service tax amount not deposited by it. Due to incorrect calculation of the rate of tax, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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