9911796707
TMI Blog2022 (8) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... eing interpretational in nature, the invocation of extended period cannot sustain - the show cause notice in regard to the demand of wrongly availed cenvat credit is time-barred and requires to be set aside. Penalty - HELD THAT:- There is no evidence to show that there has been fraud, collusion or suppression of facts on the part of the appellant, the penalty imposed cannot sustain. Penalty imposed in this regard is set aside without disturbing the demand of service tax along with interest - the impugned order is modified to the extent of setting aside the demand alleging wrongly availed cenvat credit and also setting aside penalty in respect of the demand of service tax - appeal allowed in part. - SERVICE TAX APPEAL No.42448 of 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Rs.14,467/- being short paid service tax for the period October 2010 to March 2012 should not be demanded under Section 73 (1) of Finance Act, 1994. After due process of law, the original authority confirmed the demand in respect of wrongly availed credit as well as the demand of service tax. Against such order, the appellant filed appeal before Commissioner (Appeals) who upheld the order passed by the adjudicating authority. Hence this appeal. 2. On behalf of the appellant, Ld. Counsel Shri T.R. Ramesh appeared and argued the matter. He explained that w.e.f. 01.04.2011, trading has been brought within the ambit of exempted service under Rule 2(e) of CCR 2004. Though the period involved in the present case is prior to 01.04.2011, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt along with interest and the same has been appropriated which is noted in the order passed by the adjudicating authority. He prayed for waiver of penalty imposed. 5. Ld. A.R Shri Arul C. Durairaj supported the findings in the impugned order. 6. The Ld. Counsel for the appellant has been fair enough to submit that the issue on merits is covered against the assessee as per the decision of the Hon ble Madras High Court in the case of Ruchika Global Interlinks (supra). It is the case of the appellant that the period involved is October 2010 to March 2011 and the SCN is dated 04.04.2013. From the decisions cited by the Ld. Counsel for the appellant, it can be seen that the issue whether trading can be considered as an exempted service wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
