https://www.taxtmi.com/caselaws?id=215281 A taxpayer who availed abatement under Notification No. 01/2006-ST while also taking CENVAT credit was found to have breached the notification conditions by obtaining a double benefit. The proper consequence was denial of the abatement benefit, but penalty under Section 78 of the Finance Act was not sustainable because no show-cause notice had proposed denial of the exemption or abatement, the credit was voluntarily reversed with interest before the dispute matured, and there was no basis to treat the original credit availment as inherently irregular. The penalty enhancement was therefore unsupported. en-us Fri, 16 Dec 2011 00:00:00 +0530 Thu, 14 Nov 2013 11:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=215281 A taxpayer who availed abatement under Notification No. 01/2006-ST while also taking CENVAT credit was found to have breached the notification conditions by obtaining a double benefit. The proper consequence was denial of the abatement benefit, but penalty under Section 78 of the Finance Act was not sustainable because no show-cause notice had proposed denial of the exemption or abatement, the credit was voluntarily reversed with interest before the dispute matured, and there was no basis to treat the original credit availment as inherently irregular. The penalty enhancement was therefore unsupported. Case-Laws Service Tax Fri, 16 Dec 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=215281