TMI Blog2020 (1) TMI 589X X X X Extracts X X X X X X X X Extracts X X X X ..... nd any infirmity in the impugned order, so far as the Ld.Adjudicating Authority has dropped the proposed demand of ₹ 65,86,87,931/-. CENVAT Credit - HELD THAT:- The Ld. Adjudicating authority had referred to the sample copy of the invoices and also the Certificate furnished by the independent Practising Chartered Accountant. Since such observations recorded by the Ld. Adjudicating Authority were based on the available records, we also feel that the findings recorded in the impugned order cannot also be disturbed by taking a contrary view - Hence, we are of the opinion that dropping of proposed cenvat demand of ₹ 27,62,90,512/- in the impugned order is in inconformity with the statutory provisions. The terms of the contract ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , dropping the proposal for recovery of service tax amounting to ₹ 65,86,87,931/- in the show-cause notice is not legally sustainable. Further, the Revenue s grievance, in their appeal, is that the Ld. Adjudicating Authority has erred in considering the submissions of the appellant that after payment of the value of service including service tax thereon, the cenvat credit was availed by it. In so far as the Assessee-Appellant is concerned, the grievance is that the services provided by it to M/s Bharat Heavy Electricals Limited (BHEL) as Lessee, pursuant to the agreement dated 08.05.2007, do not conform to the taxable service under the category of Supply of Tangible Goods Service defined under Section 65 (105)(zzzzj) of the Finance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,931/-. In so far as the proposed demand for denial of cenvat benefit and recovery of the same on the ground that the procedure laid down under Rule 4 (7) read with Rule 9 of the Cenvat Credit Rules, 2004 has not been observed or complied with by the assessee-appellant, the Ld. Adjudicating Authority has held that upon payment of the value of the taxable service and the service tax element thereon, the assessee appellant had availed the cenvat credit. For recording of such observations, the Ld. Adjudicating authority had referred to the sample copy of the invoices and also the Certificate furnished by the independent Practising Chartered Accountant. Since such observations recorded by the Ld. Adjudicating Authority were based on the availab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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