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TMI Blog2017 (8) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... lant an opportunity to explain the inconsistency so pointed out. Having not done so, the matter needs to be re-considered by the respondent - appeal allowed by way of remand. - W.A. No.1888 of 2015 And W.P. (C) No. 15464 of 2015 - - - Dated:- 10-7-2017 - MR. ANTONY DOMINIC AND MR. DAMA SESHADRI NAIDU, JJ. For The Appellant : Sri.Harisankar V. Menon Smt.Meera V.Menon sri. Mahesh V. Menon For The Respondent : Sri. Sreelal N. Warrier, SC JUDGMENT Antony Dominic, J. Heard learned counsel for the appellant and learned Standing Counsel for the respondent. 2. The appellant filed W.P.(C) No.15464 of 2015 challenging Ext. P5 order passed by the respondent rejecting Ext. P2 application made by them seeking the benefit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company, engaged in providing taxable service specified in sub clause (zm) of clause (105) of Section 65 of the Finance Act 1994 {substituted for providing services by way of extending Deposits, loans or advance wef 01.07.2012}, shall pay for every month an amount equal to fifty percent of the CENVAT credit availed on inputs and input services in that month. Although the assesse have availed CENVAT Credit of ₹ 2555143/- on Input services during the period from 01.04.2011 to 31.12.2012 and declared the same in the ST-3 Returns for the respective periods, but failed to pay 50% of CENVAT credit availed in the respective months as a clear violation of Rule 6(3B) of CENVAT Credit Rules 2004. 4. On a cross verification of the VCES ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 70 of the Finance Act, 1994, the ineligibility stipulated in section 106(1) of the Finance Act, 2013 will not get attracted and will not make us ineligible to make a declaration under VCES 2013. In the annexure submitted along with VCES Return, we have specifically stated that the liability is under Rule 6 (3B), CENVAT rules, 2004 and the same has not been included in the returns submitted under section 70 of the Finance Act, 1994. In the VCES Return, we have filed the CENVAT Credit availed for the period April 2011 to December 2012 amounting to ₹ 13,98,200/- comprising of Cenvat credit ₹ 13,56,255/-, Educational Cess ₹ 27,965/- and Higher Educational Cess ₹ 13,980/- (details of working of Anne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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