9911796707
TMI Blog2014 (5) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... nesh Haavanur, Additional Commissioner (AR) JUDGEMENT Both sides agree that the appeal itself can be decided since the issue lies within a narrow compass. The issue involved is eligibility of the CENVAT credit of service tax paid on certain software which was installed in the equipments and exported by the appellants. Appellant besides being engaged in export of software has availed credit on va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and therefore the question of utilising the credit does not arise. He also submits that the amount involved in respect of trading activity is miniscule when the total volume of export of service is taken into account. He submits that there was no intention to evade or avail refund of CENVAT credit and trading activity being the minor activity of the appellant this escaped their tax. He submits th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion made by the learned CA and size of the appellant and also the fact that the amount involved is small and appellant voluntarily reversed the credit, I consider that this is a fit case for waiver of penalty by invoking the provisions of Section 80 of the Finance Act 1994 and I do so. In the result the appeal is decided by confirming the demand for wrongly availed CENVAT credit, interest thereo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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