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2018 (8) TMI 1819

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..... rds that the appellant had sufficient balance in its Cenvat account during the period between taking of irregular CENVAT Credit and subsequent reversal thereof. Thus, it cannot be said that the appellant had taken irregular CENVAT Credit by the reason of fraud, collusion, willful mis-statement etc, with intent to defraud the Government s revenue. The ingredients of Rule 15 (3) of the rules read .....

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..... the Finance Act, 1994 is not proper and justified inasmuch as the service tax amount in respect of the taxable service was not paid by the respondent within the stipulated time frame and the same was paid pursuant to the objection raised by the Audit Wing of the department. Thus, Revenue contended that since irregular availment of CENVAT Credit was noticed by the audit wing of the department and .....

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