9911796707
TMI Blog2024 (1) TMI 961X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant has availed Cenvat credit on common Input service - requirement to pay 6% of the value of exempted service - suppression of facts or not - extended period of limitation - HELD THAT:- The appellant being a Co-operative Bank and registered under Service Tax and paying service tax on the services. They are also availing Cenvat credit of service tax and all the details of payment of service ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s beyond limitation. Accordingly, in terms of Section 73(1) of Finance Act , 1994 , the demand is not sustainable only on the ground of limitation itself. Hence, the impugned order is set-aside. Appeal allowed. - HON BLE MR. RAMESH NAIR , MEMBER ( JUDICIAL ) Shri S. Suryanarayanan , Advocate for the Appellants Shri Himanshu P Shrimali , Superintendent ( AR ) for the Revenue O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whether exempted or taxable was not suppressed by the bank. He further indicates the correspondence made with the department since April 2010 by letter dated 22.04.2010, 23.05.2012 and 06.06.2012. On this basis, it is his submission that there is no suppression of facts. Accordingly, the demand of 6% under Rule 6(3) of Cenvat Credit Rules, 2004 is not sustainable on the ground of limitation. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y fact with intent to evade payment of service tax or availment of credit. On this issue, as pointed out by the learned Counsel, the correspondence was going on since 22.04.2010 and various letters were exchanged as detailed above. With these facts, I do not find any suppression of fact or malafide on the part of the appellant. The period involved is 2008 to 2011, however, the show cause notice wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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