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TMI Blog2019 (3) TMI 1230X X X X Extracts X X X X X X X X Extracts X X X X ..... of interest, we are of the view that the revenue should not have even issued the show cause notice in terms of provisions of Sub-section (3) of Section 73 of Finance Act, 1994 - Accordingly, while upholding the reversal of Cenvat credit along with interest, we set aside the penalty imposed to the extent of ₹ 2,12,309/- - appeal allowed in part. - APPEAL No.ST/70114/2018-CU[DB] - ST/A/70376/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration. 2. Demand of service tax was raised against the assessee for confirmation of the same alongwith confirmation of interest to the tune of more than ₹ 3 crores. However, the adjudicating authority, by extended the benefit of Notification No. 16/2002-ST dated 02.08.2002 read with Notification No.25/2012-ST dropped the major part of the demand and confirmed the service tax to the tune ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid decision, we set aside the demand of ₹ 12,26,299/- confirmed by the Original Adjudication Authority along with setting aside of the interest and penalty. 6. We further note that the appellant was also providing taxable services and was availing the benefit of Cenvat credit of tax paid on various input services. Revenue, on noting that the services were being used as common input servi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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