9911796707
TMI Blog2015 (11) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... Credit of the same. Demand of interest and penalty - Held that:- matter pertains to the period April 2007 - Feb, 2009 and the show cause notice is issued only on 21.6.2011. The appellants Shree Kamrej Vibhag Sahakari Khand Undying Mandli Ltd is an assessee who regularly files monthly returns and the cenvat credit taken has been duly intimated to the Dept. It is also seen that the assessee had reversed the credit taken immediately on being pointed out by the Audit. The appellants have also reportedly submitted, from the adjudication stage onwards, that the credit taken has not been utilised. There is no indication to the contrary on the records. - demand of interest and penalty in this matter cannot be sustained. Therefore the demand of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 829 42266 1.5.08 10 28/6.5.08 do 33972 679 34651 11 54/6.5.08 do 38473 769 385 39627 Total 374897 379155 Therefore, a show cause notice was issued on 21.6.2011 demanding why the wrongly availed CENVAT Credit of ₹ 3,79,155/- shall not be recovered from the appellants, alongwith interest and penalty. The matter was adjudicated by the Deputy Commissioner vide order dated 25.10.2011 confirming the demand with interest, and equal amount of penalty. Subsequently, the appeal filed by the Appellants was rejected and the OIO was confirmed by Commissioner (Appeals) by the impugned order. 2. Heard both the sides. The Learned Counsel for the appellant admits that the matter on "Members-ship Fees" is squarely covere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal in the case of Shree Kamrej Vibhag Sahakari Khand Undying Mandli Ltd (supra). Therefore, as far as the Service Tax amount of ₹ 2,43,178/- on Membership fees is concerned, it is held that the appellants are not eligible for taking Cenvat Credit of the same. 5. As regards interest and penalty, it is observed that the matter pertains to the period April 2007 - Feb, 2009 and the show cause notice is issued only on 21.6.2011. The appellants Shree Kamrej Vibhag Sahakari Khand Undying Mandli Ltd is an assessee who regularly files monthly returns and the cenvat credit taken has been duly intimated to the Dept. It is also seen that the assessee had reversed the credit taken immediately on being pointed out by the Audit. The appellants h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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