TMI Blog2019 (6) TMI 688X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order places reliance upon the letter dated 29th August 2011 addressed by the Commissioner of Service Tax, Mumbai to Joint Secretary of Central Board of Excise and Customs to the effect that the Life Insurance Companies have all availed Cenvat credit under a bonafide belief that they are entitled to the same. It may not be appropriate to invoke the extended period of limitation while raising demands for incorrect availment of Cenvat credit. The impugned order of the Tribunal has made a detailed examination on the issue of limitation and has come to a finding of fact that there was no intent on the part of the respondent to evade the service tax. This finding of fact is not shown to be perverse. Appeal dismissed. - CENTR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was time barred. This as the Tribunal found on facts that the respondent had bonafide belief that they are entitled to avail of Cenvat credit even in respect of inputs utilised for providing exempted services viz., Traditional Golden Plan. On the above grounds, it held that penalty was not imposable under Section 78 of the Finance Act, 1994 upon the respondent. This on the ground that there was no intent to avail Cenvat credit illegally on the part of the respondent. 4] The appellant-Revenue has challenged the impugned order only to the extent it holds that the extended period of limitation is not invokable in the present case. There is no challenge in the appeal against deletion of penalty by the impugned order on the same ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat during the course of investigation nothing has been brought on record that there was any intent on the part of the respondent to evade the service tax payable under the Act. Further, the impugned order places reliance upon the letter dated 29th August 2011 addressed by the Commissioner of Service Tax, Mumbai to Joint Secretary of Central Board of Excise and Customs to the effect that the Life Insurance Companies have all availed Cenvat credit under a bonafide belief that they are entitled to the same. In the above circumstances, it may not be appropriate to invoke the extended period of limitation while raising demands for incorrect availment of Cenvat credit. This also supports the view that across the Life Insurance Industry that they ..... X X X X Extracts X X X X X X X X Extracts X X X X
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