9911796707
TMI Blog2011 (3) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... ice – Held that : the demand relating to the period up to 18.4.2006 is not sustainable and the demand confirmed for the period from 19.4.2006 is sustained - The assessee could not be penalized in relation to the liability sustained - Appeal is disposed in favour of assessee. - ST/1801/2010 - - - Dated:- 18-3-2011 - SHRI P. KARTHIKEYAN, JJ. Mrs. Vijaya Prakash, Advocate for the appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 78 of the Finance Act, 1994 (the Act). 2. During hearing, the learned counsel appearing for the appellants submitted a copy of Final Order No.226-275/2011 dated 7.2.2011 in the case of M/s. Iswari Spinning Mills and 49 others Vs. CCE, Madurai Ors. As per the said Final Order, cenvat credit earned could be utilized to discharge liability on GTA Service by the recipients of the said service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sis to entertain a bonafide belief that cenvat could be utilized to pay Service Tax on GTA Service. These transactions were unearthed during the inspection of records of the assessee by the internal audit of the department. But for the audit, the assessee would have successfully utilized cenvat credit to discharge liability on GTA service beyond 18.4.2006 contrary to the legal positions. 4. On ..... X X X X Extracts X X X X X X X X Extracts X X X X
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