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TMI Blog2014 (1) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... with regard to disallowance of cenvat credit taken on the basis of invoices issued by unregistered input service distributors. This conclusion of the appellate authority, concurring with the adjudicating authority suffers from no error and therefore. The matter is remitted to the appellate authority for passing a detailed order, considering the several grounds of appeal - Decided partly in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emand and the disallowed quantum of credit; dropped service tax credit demand to the extent of Rs. 46,071/- and imposed penalties under Rule 15(3) and 15(4) of Cenvat Credit Rules, 2004 as well as penalties under Sections 76 and 78 of the Finance Act. 3. Proceedings were initiated against the petitioner, a public sector nationalised Bank for having availed cenvat credit on the strength of invoic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated in the business premises. The adjudicating authority dropped the demand of Rs.45,255/- in respect of availment of credit on the strength of invoices issued by unregistered input service distributor for the period prior to June 2005, since the (Service Tax Registration of special category of persons) Rules, 2005 was introduced only in June 2005, prohibiting utilisation of invoices issued by un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e extent of 20% of service tax payable; and the grievance of the appellant on the quantum and very imposition of penalties, on the ground that being a public sector nationalised bank it had no malafide reasons forn not complying with the technical requirements of procedure, while availing credit. Despite adverting to the various contentions of the appellant, the appellate authority dealt with (in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicating authority suffers from no error and therefore. The matter is remitted to the appellate authority for passing a detailed order, considering the several grounds of appeal, extracted in paragraph 5 of the appellate order, namely with regard to the appellants claim of a bonafide error in availing cenvat credit in excess of the limits prescribed in Rule 6(3) of the 2004 Rules and for waiver of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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