TMI Blog2019 (5) TMI 1811X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjudicating authority to assume the date of filing returns as the date of adjustment of Cenvat credit with tax paid. Accordingly, the order of Court below is illegal. The demand of interest under Section 75 and penalty under Section 78 are set aside - penalty under Section 70 read with Rule 7C is upheld - Appeal allowed in part. - ST/53266/2018(SM) - Final Order No. A/51481/2019-SM(BR) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice tax liability was discharged by making use of available/accumulated Cenvat credit. This Tribunal observed that discharging the service tax liability by making use of accumulated Cenvat credit is a valid mode of discharging the tax liability. Further, held that admittedly ST-3 returns were filed prior to show cause notice, though belatedly, but these were not considered for issuing the show ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 75 and have also imposed penalty of ₹ 11,47,132/-, equal to tax under Section 78 of the Act, and have also imposed penalty of ₹ 16,000/- under Section 70 read with Rule 7C of the Service Tax Rules, 1994 for delay in filing of the returns. 6. Having considered the rival contentions and on perusal of record, I find that there is no provision in the Finance Act, 1994 read with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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