9911796707
TMI Blog2022 (8) TMI 1508X X X X Extracts X X X X X X X X Extracts X X X X ..... .T. No.21676 of 2014 on the file of the CESTAT, Bangalore. 2. The respondent - a shipping service company, engaged in the service of 'Transport of Goods by Road', Business Support Service etc., is availing credit under the Cenvat Credit Rules, 2004 on the Service Tax paid on input service and claiming credit while the payment of Service Tax on output service provided is made. The appellant issued a show cause notice to the respondent dated 18.10.2012 on the following: (i) The cenvat credit of Rs.5,05,65,084/- (Rupees Five Crore Five Lakh Sixty Five Thousand and Eighty Four only), taken and utilized wrongly for payment of the Service Tax, Education Cess and Secondary & Higher Education Cess respectively for the period 01.04.2011 to 31.3.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. It was further submitted that CENVAT Credit taken on the 2nd category, was reversed in full and charged off to the Profit and Loss Account and effectively no Credit was taken, during the period from 01.04.2011 to 31.03.2012. 4. The assessee was heard and the Commissioner sought a clarification from the jurisdictional Range Officer regarding the practice followed by the assessee while availing CENVAT Credit and the maintenance of records in respect of these details. The Range Officer submitted a report/clarification, which is extracted below: " a) The Assessee is maintaining private accounts for CENVAT Credit in their system. b) They are not availing/utilizing any CENVAT Credit on input services exclusively meant for exempted servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant as well as the verification report of the Range Officer came to the conclusion that the assessee has maintained separate records as required under the Cenvat Credit Rules the credit claimed in input tax is factually sustainable. The appeal filed by the Department was therefore dismissed. 6. The core circumstance for consideration either in the appeal before the Tribunal or this Court is whether the order of Commissioner dropping further action pursuant to notice dated 18.10.2012, basing on the report of Range Officer is legal and tenable. It is not pointed out in either of the forums that the report of range officer is erroneous on any ground or circumstance. The consequence of accepting the report of Range Officer must result in the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
