9911796707
TMI Blog2023 (3) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... . In this view of the matter, I set aside the penalty under Section 78 of the Finance Act and also under Section 77(1)(c) of the Act. The appellant is entitled to cenvat credit of Rs.1,25,018/-, which is towards Group Insurance taken for the medical and accident claim benefits. In the facts and circumstances, the penalty under Rule 15 of Cenvat Credit Rules read with Section 78 of the Act also set aside. It is further noticed that the appellant have also deposited the differential amount payable (during adjudication proceedings) as per the impugned order - the Adjudicating Authority is directed to recalculate their tax liability as per order of this Tribunal and after adjustment, if any, amount is found paid in excess, grant the refund to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Returns for the period April, 2013 to June, 2017, it appeared to Revenue that there is some error on the part of the assessee in claiming abatement. Accordingly, show cause notice dated 15.02.2019 was issued invoking the extended period of limitation. The Revenue calculated service tax liability without allowing any abatement on the basis of gross turnover, as per Profit & Loss Account and as per Income Tax Records and thus, proposed a demand for Rs.1,98,60,297/- including cess. Further, demand was raised proposing disallowance of cenvat credit amount of Rs.4,22,485/- along with interest and further penalty was proposed. 4. The appellant contested the show cause notice and filed their detailed submissions, which has been reproduced i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.10,000/- has been imposed under Section 77 (1) (c ) of the Act. For late filing of Return, penalty under Section 70 read with Rule 7 (1)(c) of Rs.51,500/- has been demanded, which is not contested. 8. Ld. Counsel for the appellant assailing the impugned order urges that admittedly the appellant have been maintaining proper books of accounts and records and was registered with the Department and have filed periodical returns regularly and also paid the admitted taxes. Further, after issue of show cause notices, the appellant on finding some difference in their tax calculation, has paid the differential amount of Rs.13,86,756/- , suo moto, which has been appropriated in the impugned order. Further, it is evident that there was no major err ..... X X X X Extracts X X X X X X X X Extracts X X X X
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