2012 (7) TMI 162

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..... discharge through cash – Held that:- appellants have deposited the amount in cash, which was already paid by them through Cenvat credit. With such deposit in cash, they become entitled for reversal of the credit so utilised by them for payment of the same tax amount. As such, the appellants are allowed to re-credit the amount in their Cenvat credit account. Regarding penalty – Held that:- there .....

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..... the Tribunal's decision in the case CCE v. Nahar Industrial Enterprises Ltd. [2007] 10 STT 117 (New Delhi - CESTAT) as upheld by the Hon'ble High Court of Punjab and Haryana as reported in CCE v. Nahar Industrial Enterprises Ltd. As such, the appellant was entitled to utilise the Cenvat credit for payment of Service Tax till 1.3.08. 3. However, after 1.3.08 the definition of 'output services' wa .....

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..... their Cenvat account. I find that the appellants have deposited the amount in cash, which was already paid by them through Cenvat credit. With such deposit in cash, they become entitled for reversal of the credit so utilised by them for payment of the same tax amount. As such, the appellants are allowed to re-credit the amount in their Cenvat credit account. 5. As regards the penalty imposed .....

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