9911796707
TMI Blog2018 (11) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... he quantum of penalty reduced to 50%. Appeal allowed in part. - Appeal No. ST/30844/2018 - A/31466/2018 - Dated:- 6-11-2018 - Mr. P. Venkata Subba Rao, Member (Technical) Shri Y. Sreenivasa Reddy, Advocate for the Appellant. Shri V.R. Pavan Kumar, Superintendent (AR) for the Respondent. ORDER Per: P. Venkata Subba Rao This appeal is directed against Order-in-Appeal No. GUNEXCUS- 000-APP-006-18-19, dated 13.04.2018. 2. Heard both sides and perused the records. 3. The appellant herein was providing digitization of records and database services and was liable to pay service tax and he was also availing the facility of CENVAT credit under CENVAT Credit Rules, 2004. During the course of audit, it was fou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amounts in dispute. On being pointed he had reversed the amounts along with interest except the interest on these two amounts. The appeal has been filed seeking that the interest under Section 75 and the penalty under Section 78 equal to the demand may also be set aside. They have not disputed the recovery of the CENVAT credit. Insofar as the amount of interest is concerned, it was the contention in their appeal that they had adequate balance in their credit and hence no interest was liable to be paid because they had not utilized the disputed amounts. Learned Counsel fairly concedes that this position is not correct and they had, in fact, utilized the credit and therefore were liable to pay interest. Learned Counsel submits that there is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or penalty under Section 78 of the Finance Act, 1994. However, he concedes that the appellant was covered by the proviso to Section 78 is applicable during the relevant period inasmuch as the irregular availment of CENVAT credit by the appellant and consequent evasion of payment of service tax was noticed by an audit of the books of accounts maintained by the appellants themselves. 6. I have considered the arguments on both sides and perused the records. There is no dispute regarding the entitlement of CENVAT credit. The appellant was only disputing the interest payable on them on the ground that they had not utilized the same the records as verified by the Commissioner put so order wise. The Learned Counsel for the appellant also agrees ..... X X X X Extracts X X X X X X X X Extracts X X X X
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