9911796707
TMI Blog2023 (10) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... . Sinha, Superintendent, Authorised Representative for the Respondent ORDER Brief facts of the case are that the appellant paid service tax under reverse charge mechanism on the expenditure incurred in foreign currency in respect of contribution towards social security for employees of their overseas holding company. Such employees were working for the appellant in India. Appellant paid an amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st, original authority confirmed the demand and imposed penalties. Appellant preferred appeal before learned Commissioner (Appeals). Learned Commissioner (Appeals) did not interfere with the confirmation of demand and imposition of penalties. Therefore, appellant is before this Tribunal. 2. Heard the learned Chartered Accountant for the appellant. He has submitted that though the appellant was no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in view of the fact that the assessment of final product was not reversed by Revenue and the appellant before them was not paid the refund of the duty which was not required to be paid, availment of cenvat credit of duty paid on inputs was regular. He has further submitted that the situation is revenue neutral since the amount which was not required to be paid has been paid and equal credit is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ajinkya Enterprises. I find that it is relevant to reproduce para 10 of the said judgment which is as follows:- "10. Apart from the above, in the present case, the assessment on decoiled HR / CR coils cleared from the factory of the assessee on payment of duty has neither been reversed nor it is held that the assessee is entitled to refund of duty paid at the time of clearing the decoiled HR / ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax which was not to be paid and the appellant has availed cenvat credit of equal amount and utilized the same for payment of service tax for other services. I, therefore, relying on the ruling by Hon'ble Bombay High Court in the above stated case, hold that the impugned order-in-appeal is not sustainable. 5. I, therefore, without interfering with the service tax already paid and cenvat credit ava ..... X X X X Extracts X X X X X X X X Extracts X X X X
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