9911796707
TMI Blog2012 (11) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... uch expenses are not admissible, there were decisions taking a view that service tax credit in respect of expenses incurred for worker's colony etc. are admissible - subsequently the issue has been settled against the appellants, the appellants are required to pay the interest on this amount but no penalty can be sustained Regarding seminar fees – Held that:- Seminars were related to their business only and prima facie it appears that it is admissible - demand for interest and imposition of penalty as regards seminar fees also cannot be sustained Regarding Share related expenses – Held that:- It is required to be incurred by any Public Limited Company and it cannot be said that this has nothing to do with business - appellant cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute. However, after three years, a show cause notice was issued invoking extended period proposing to appropriate the amount already paid towards service tax amount due, interest thereon and imposing penalty, which culminated into the impugned order wherein demand for interest and penalty equal to service tax have been confirmed. 2. Heard both sides. I find that as regards excise duty on packing materials, appellants have taken credit of excise duty paid in respect of the rice exports made by them. Learned advocate submitted that the credit was taken since the appellant felt that instead of claiming the refund they take credit of the duty paid and utilise the same. I find nothing seriously wrong with this view since Rule 5 of Cenvat C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this service also, appellant cannot be found fault with for entertaining bona fide belief about the admissibility and therefore penalty cannot be sustained. Since the appellants are not disputing the denial of service tax, interest would be payable. As regards stock broker service, entertainment expenses and Membership subscription expenses, learned counsel submitted that these are small amounts and even appellant would not make an issue out of it and would pay interest. Accordingly, demand for interest in respect of these three items are upheld as not disputed. Even though I have taken a view that demand for interest and penalty is sustainable in respect of these three services, yet I find that this is a case where provisions of Section 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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