TMI Blog2023 (3) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... s entitled to cenvat credit of Rs.1,25,018/-, which is towards Group Insurance taken for the medical and accident claim benefits. In the facts and circumstances, the penalty under Rule 15 of Cenvat Credit Rules read with Section 78 of the Act also set aside. It is further noticed that the appellant have also deposited the differential amount payable (during adjudication proceedings) as per the impugned order - the Adjudicating Authority is directed to recalculate their tax liability as per order of this Tribunal and after adjustment, if any, amount is found paid in excess, grant the refund to the appellant of the balance amount in cash. Appeal allowed. - Service Tax Appeal No.52148 of 2022 (SM) - FINAL ORDER NO. 50315 /2023 - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... April, 2013 to June, 2017, it appeared to Revenue that there is some error on the part of the assessee in claiming abatement. Accordingly, show cause notice dated 15.02.2019 was issued invoking the extended period of limitation. The Revenue calculated service tax liability without allowing any abatement on the basis of gross turnover, as per Profit Loss Account and as per Income Tax Records and thus, proposed a demand for Rs.1,98,60,297/- including cess. Further, demand was raised proposing disallowance of cenvat credit amount of Rs.4,22,485/- along with interest and further penalty was proposed. 4. The appellant contested the show cause notice and filed their detailed submissions, which has been reproduced in the impugned order-in-ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement claim, as the service was provided to individual, and also not allowing cum tax benefit. Further, ld. Commissioner appropriated the amount already deposited Rs.13,86,756/-. Further, the amount of Rs.2,70,652/- was disallowed out of the Cenvat Credit taken (being cenvat credit taken on insurance services Rs.1,25,018/- and Rs.1,45,634/- as the appellant could not produce relevant vouchers in support thereof). Further, penalty has been imposed of Rs.16,49,733/- under Section 78 and Rs.2,70,652/- under Rule 15 of CCR read with Section 78 and further, penalty of Rs.10,000/- has been imposed under Section 77 (1) (c ) of the Act. For late filing of Return, penalty under Section 70 read with Rule 7 (1)(c) of Rs.51,500/- has been demanded, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e penalty under Section 78 of the Finance Act and also under Section 77(1)(c) of the Act. I further hold that the appellant is entitled to cenvat credit of Rs.1,25,018/-, which is towards Group Insurance taken for the medical and accident claim benefits. In the facts and circumstances, I also set aside penalty under Rule 15 of Cenvat Credit Rules read with Section 78 of the Act. I further take notice that the appellant have also deposited the differential amount payable (during adjudication proceedings) as per the impugned order. I also direct the Adjudicating Authority to recalculate their tax liability as per order of this Tribunal and after adjustment, if any, amount is found paid in excess, grant the refund to the appellant of the balan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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