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TMI Blog2020 (10) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 75 of the Finance Act, 1994 - HELD THAT:- The Appellant discharges its service tax liability by debiting its Cenvat credit account. The Appellant debits its Cenvat register every month, however, in its Books of Accounts, the Appellant passes the relevant journal entry only every six months. Further, I find that the Appellant maintained sufficient credit balance in their Cenvat credit acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service Tax on the part of the Appellant - Appeal allowed - decided in favor of appellant. - Service Tax Appeal No. 88367 of 2018 - A/85695/2020 - Dated:- 6-8-2020 - HON BLE SHRI P. K. CHOUDHARY, MEMBER (JUDICIAL) Shri Aditya Srinivasan, Chartered Accountant for the Appellant Shri Onil Shivadikar, A. C. (AR) for the Respondent ORDER Per: P.K. Choudhary : The Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant herein was debiting its Books of Account every six months, the Appellant had deliberately delayed the payment of service tax and therefore, was liable to pay interest on such delayed payment under Section 75 of the Finance Act, 1994. Accordingly, Show Cause Notice dated 07.02.2012 was issued to the Appellant proposing a demand of ₹ 8,15,496/- towards interest and subsequent penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned sufficient credit balance in their Cenvat credit account at all times. Therefore, the Appellant had no intention to evade the payment of service tax. 4. Since, the Appellant duly debited its Cenvat register as per Rule 6 of the Service Tax Rules, 1994, the corresponding entry being made by the Appellant in its Books of Accounts cumulatively for six months, can at best qualify as a procedura ..... X X X X Extracts X X X X X X X X Extracts X X X X
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