9911796707
TMI Blog2018 (5) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... on in convertible foreign currency in India - decided in favor of appellant. Levy of interest - Held that: - no Service Tax was payable by the appellant - when tax has been paid by way of debit note to the Cenvat credit account and such credit was available all throughout during the due dates for payment of tax, no interest is leviable. - interest set aside. Penalty - Held that: - there being no violation of the provisions of law, the penalty imposed is also set aside. Appeal allowed - decided in favor of appellant. - APPEAL No. ST/70437/2017-ST[SM] - FINAL ORDER NO. 70805/2018 - Dated:- 20-9-2017 - Hon ble Mr. Anil Choudhary, Member (Judicial) Shri Devinder Sharma, Advocate, for Appellant Shri Gyanendra Kumar Tripath ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nance Act, 1994. The Show Cause Notice was adjudicated by the Additional Commissioner vide Order-in-Original dated 05/06/2014 and the proposed demand was confirmed with interest. Further penalty of ₹ 100/- for every day reversed service tax is not paid or @ 1% of such tax per month, whichever is higher, was imposed under Section 76 further penalty of ₹ 10,000/- under Section 77 of the Finance Act, 1994. 3. Being aggrieved the appellant preferred appeal before learned Commissioner (Appeals). The appellant further brought on record the fact that they have paid the Service Tax by way of debit note to the Cenvat account and modified their invoice and/or issued debit note on M/s Jubilant Biosys Ltd., Bangalore, who are the lead ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ides that the foreign client, namely Eli Lilly and Company, USA shall give all notices, correspondence etc. to the lead venture JBL acting for all the three co-ventures. We further take notice of the clause in the said agreement that all the three are not subcontractors of each other, but they are all contractors in their individual capacity for the foreign client and JBL is the representative of all the three companies, as the lead partner. We also take notice of the certificate of chartered accountants, annexed in the paper book, which was also before the court below, which certifies that during the period in question, the affairs of the appellant have been verified and examined the payments made by Jubilant Biosys Limited to Jubilant Che ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even in a clandestine evasion cases also the CENVAT Credit of inputs/input services is admissible during the period of offence, is allowed to be abated from the total duty liability finally determined and not with respect to the duty demanded in the Show Cause Notice. In this case appellant stands on a better footing as the Cenvat Credit was available in the Cenvat account but could not be debited. It has to be thus held that interest is no payable with respect to duty required to be debited in the Cenvat Credit Account provided sufficient balance was available in the Cenvat Credit Account. Nothing has been brought on record that such a credit was not available in the Cenvat Account during the relevant period for debit. Appeal of the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X
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