9911796707
TMI Blog2015 (1) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... in collecting data from field units. It is noticed that the appellants followed this method of arriving final taxable value and subsequently paying the differential service tax and continued this practice from October, 2007 to March, 2011. It is seen from the annexure-I to show cause notice that the short payment of service tax and delay varied from 70 days to 260 days for each month of due date of payment. The Adjudicating Authority also confirmed the demand of interest of 2,77,347/- on the in-eligible credit availed by the appellants and subsequently reversed. The number of days from the date of credit availed and credit reversed varies from 100 days to 258 days. - applicant is failed to make out a strong prima facie case for waiver of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tax paid subsequently. Regarding the interest demanded on the in-eligible credit of ₹ 60,58,625/-, he submits that they have only availed credit but not utilized and immediately reversed the same therefore no interest is payable. He relied upon the decision of the Hon'ble Karnataka High Court in the case of CCE (ST) Vs. Bill Forge Pvt. Ltd. - 2012 (26) STR 204 (Kar.) and CCE Vs. Strategic Engg. - 2014-TIOL-466-HC-MAD-CX. He also submits that the department has not issued any show cause notice for appropriation of the demand for the belated payment of service tax, where the delay is from October'07 to March'14. 4. On the other hand, the Ld. AR on behalf of the Revenue submits that as per Section 75, if the tax is not pai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Sundaram Fasteners Ltd. (supra), the relevant portion is reproduced as under:- "9. The learned counsel appearing for the assessee sought to distinguish the decision of the Hon'ble Supreme Court in the case of Ind-Swift Laboratories Ltd . by starting that, that was a case where the Cenvat credit was taken and utilized and not a case where Cenvat credit has been reversed as that of the case of the assessee herein. It is his further submission that reversal of credit would amount to "no credit" being taken. In this regard, reliance has been placed on the decision of Allahabad High Court in the case of Hello Minerals Water (P) Ltd. v. Union of India reported in 2004 (174) E.L.T. 422 (All.), the decision of the Kar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which are applicable to the facts of the case." 6. Any delayed payment of tax, interest is payable which is mandatory. In view of the Hon'ble Supreme Court decision and the Hon'ble Madras High Court decision, the applicant is failed to make out a strong prima facie case for waiver of predeposit of entire amount of tax along with interest and penalty. Accordingly, the applicant is directed to predeposit a sum of ₹ 2,00,000/- (Rupees Two lakhs only) within a period of four weeks and to report compliance on 07.11.2014. Upon deposit of the said amount, pre-deposit of balance amount of tax along with interest and penalty would be waived and its recovery stayed till the disposal of the appeal. (Order pronounced and dictated ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
