TMI Blog2017 (10) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of the Tribunal in the case of Commissioner of Service Tax, Goa Vs Ratio Pharma India Pvt Ltd. Vs [2015 (4) TMI 462 - CESTAT MUMBAI], where it was held that the relevant date for determining of limitation period is the date of receipt of foreign exchange - in the present case, the refund claims has been filed within a period of one year from the date of receipt of the foreign exchange, re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the taking of the credit, in the statutory records, no malafide can be attributed to them - penalty set aside in toto. Appeal allowed in part. - ST/41278, 41281/2017-SM - 41621-41622/2017 - Dated:- 9-8-2017 - Smt. Archana Wadhwa, Member (Judicial) For the Appellant - Ms. V. Sonam, Consultant For the Respondent - Shri R. Subramaniyan, AC (AR) ORDER The main dispute in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n period is the date of receipt of foreign exchange. 3. Inasmuch as, in the present case, the refund claims has been filed within a period of one year from the date of receipt of the foreign exchange, I hold in favour of the appellant. 4. Another issue, in the present appeals is as to whether the appellant is entitled to avail the credit of service tax which was not paid to the service provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oices. However, it is their contention that such payment could not be made on account of some accounting problem and as such, the period of three months should be relaxed, inasmuch as, admittedly they have made the payment to the input service provider and have utilized the services for their manufacturing activities. I find that Rule 4(7) of Cenvat Credit Rules provides that if payments are not m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find that a part of the demand stand set aside, thus requiring no imposition of penalty. As regards the other aspect, where the demand stands confirmed, I find that the issue involved is bonafide interpretation of the provisions of law and as the appellants had reflected the taking of the credit, in the statutory records, no malafide can be attributed to them. Accordingly, I set aside the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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