9911796707
TMI Blog2018 (4) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... ounds. There is no objection at the end of ISD, and the ISD is also registered under the Service Tax and filing returns - credit availed is proper - penalty also set aside - appeal allowed. - E/52030/2015 - A/70454/2018 - Dated:- 5-3-2018 - Mr. Anil Choudhary, Member (Judicial) Shri S.R. Agarwal (Advocate) for the Appellant Shri Rajeev Ranjan (Dy. Commr.) AR - for the Respondent ORDER Per: Mr. Anil Choudhary The issue in this appeal is whether the appellant have availed Canvat credit of input service in the nature of banking and other services on the basis of improper invoice, not issued in accordance with rule 9 of CCR, 2004 read with Rule 4A of S.T.R. 1994. 2. The appellant is engaged in manufacturi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... May, 2012, and thus balance credit of ₹ 1,25,125/- remain for consideration. 5. Vide Order-in-Original dated 22th July, 2014 passed by the Deputy commissioner the proposed demand of ₹ 4,64,509/- was confirmed along with equal amount of penalty, on contest. 6. Being aggrieved the appellant preferred appeal before Learned Commissioner (Appeals) who vide the impugned Order-in-Appeal was pleased to allow the balance Cenvat credit of ₹ 1,63,734/- with respect to Entry no.286 and the remaining amount of ₹ 3,00,775/- was confirmed out of which an amount of ₹ 1,75,650/- already stood reversed which was confirmed. Further penalty under Rule 15(2) of CCR, 2004 was reduced to ₹ 1 lakh. 7. Being aggrieve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should contained the details as mentioned therein. Further I observe that in view of the rulings of Superior Courts, Cenvat credit cannot be denied on technical grounds. It was also observed that there is no objection at the end of IST, and the ISD is also registered under the Service Tax and filing returns. Accordingly, held that the Cenvat credit availed was proper and admissible in respect of banking and other financial service. 9. In view of the findings of the Learned Commissioner (Appeals) notice hereinabove, there are no further disputes for consideration before this Tribunal. Accordingly, this appeal stands allowed for statistical purposes, in favour of the appellant. The appellant shall be entitled to consequential benefits in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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