9911796707
TMI Blog2017 (11) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... be allowed Since the penalty imposed under Section 76 is upheld the penalty imposed under Section 77 also needs to be upheld. CENVAT credit - duty paying documents - credit availed without producing any documents - Held that: - the CENVAT credit was availed of the service tax paid by the Telephone Service providers and the courier services and the address is of the respondent at Belgaum - the finding of the first appellate authority that the respondent is eligible to avail CENVAT credit needs to be accepted and to that extent, the appeal of the Revenue on this point is rejected. Appeal allowed in part. - ST/CROSS/21193/2015 in ST/21408/2015-SM - Final Order No. 22311/2017 - Dated:- 27-9-2017 - Shri M.V.Ravindran, Judicial Membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to create provision for bad debts and there was acute problem of cash flow; due to non-payment / delay in payment from the clients. It is her further submission that these grounds were considered for invoking provisions of Section 80 of the Finance Act, 1994. 5. On a careful consideration of the submissions made by both sides, on perusal of records, it transpires that the appellant had during the period in question November 2009 to March 2010 not discharged the service tax liability on the amount of consideration received by them from their clients; they have not filed the returns in time but subsequently had filed returns on belatedly on payment of fees for belatedly filing the returns. I find that the discharge of service tax liabil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the first appellate authority also. On perusal of the said documents, I find that the CENVAT credit was availed of the service tax paid by the Telephone Service providers and the courier services and the address is of the respondent at Belgaum. In view of this, I find that the finding of the first appellate authority that the respondent is eligible to avail CENVAT credit needs to be accepted and to that extent, the appeal of the Revenue on this point is rejected. Consequently, the interest liability and the penalty on this amount is also set aside. The Cross Objection filed by the respondent also stands disposed of. 6. Appeal stands disposed of as indicated hereinabove. (Order was dictated in Open Court on 27/09/2017) - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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