TMI Blog2023 (11) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... S.T., GHAZIABAD [ 2019 (3) TMI 1230 - CESTAT ALLAHABAD] demand upholding the reversal of credit of Rs 2,12,309 the penalty imposed equal to this amount has been set aside. Appellant vide his letter dated 07/11/2023 informs that they has reversed the Cenvat credit amounting to Rs.2,65,723/- in terms of provisions of Rule 6 of the Cenvat Credit Rules, 2004. Further, it is informed that the said reversal of credit had already been intimated to the Service Tax Department vide letter(s) dated 29.06.2015 and 23.06.2016. However it is also noted that taking note of the above revenue has not given any demand in respect of this amount in the present statement of demand, nor any penalty has been imposed corresponding to this amount. There are n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing any exemption or benefit is that they should be construed strictly and on the basis of the language used therein. Hence, in the absence of any specific provision for retrospective applicability, it can only have prospective effect. Since the period involved in the instant case is from January 2015 to March 2016, it is unambiguous that the said exemption was not available as the name of IFC was inserted in the said list only on 13.07.2016. Therefore, the demand of service tax amounting to Rs.30,09,742/- on the services provided by the party to the IFC during the above period had been rightly confirmed under Section 73 of the Act along with interest under Section 75 of the Act. 5.2 I find that the party also placed reliance on the CE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the appellant for early hearing of the appeal was allowed vide Miscellaneous Order No 70056/2023 dated 31.08.2023. 2.1 Statement of demand as per Section 73 A of the Finance Act, 1994 as amended was issued to the appellant giving details of the previous show cause notice, which is reproduced bellow:- SI No. SCN No. date O-in-O No, date Period Service Tax Amount/Inadmissible CENVAT Credit i. V(15)Adj./ST/Noida/ICRA/30/15/4727-29 Dated 30.09.2015 by the Commissioner Service Tax Commissionerate, Noida ---- April 2010 to Dec. 2014 1.Rs.3,42,59,010/-2.I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Ltd., Noida under the provisions of Section 76 of the Finance Act, 1994. If the amount of Service Tax Rs. 30 ,09,742/- confirmed at Sl. No. (i) above and interest payable thereon is deposited by the party within a period of thirty days of the date of receipt of this order, the penalty shall be twenty five percent of the service tax amount confirmed if such reduced penalty is also paid within such period. iv. I drop the rest of the demand of Rs.31,54,897/- (Rs. Thirty one lakh fifty four thousand eight hundred ninety seven only) in respect of the Services rendered by M/s ICRA Management Consulting Services Ltd., Noida to UNICEF, World Bank Asian Development Bank. 2.3 Commissioner (Appeals) by the impugned order dismissed the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... like UN Women, UNICEF, UNDP, Asia Development Bank, World Bank and International Financial Corporation. 2. Demand of service tax was raised against the assessee for confirmation of the same alongwith confirmation of interest to the tune of more than Rs.3 crores. However, the adjudicating authority, by extended the benefit of Notification No.16/2002-ST dated 02.08.2002 read with Notification No.25/2012-ST dropped the major part of the demand and confirmed the service tax to the tune of Rs.12,26,299/- only. 3. The said demand stands made by the adjudicating authority on the ground that the services were provided to National Financial Corporation which was not listed in schedule to Section (3) of United Nations (Privileges and Immun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Cenvat credit before the issuance of the show cause notice along with payment of interest, we are of the view that the revenue should not have even issued the show cause notice in terms of provisions of Sub-section (3) of Section 73 of Finance Act, 1994. Accordingly, while upholding the reversal of Cenvat credit along with interest, we set aside the penalty imposed to the extent of Rs.2,12,309/-. 8. Appeal is disposed of in above terms. 4.4 In para 7 of the above order demand upholding the reversal of credit of Rs 2,12,309 the penalty imposed equal to this amount has been set aside. Appellant vide his letter dated 07/11/2023 informs that they has reversed the Cenvat credit amounting to Rs.2,65,723/- in terms of provisions of Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
