https://www.taxtmi.com/caselaws?id=334261 Under the proviso to rule 3(4) of the Cenvat Credit Rules, 2004, service tax for a prior month cannot be discharged using Cenvat credit earned only in later months; the credit must have been available on the last day of the relevant month or quarter, so cash payment was required and the Cenvat account had to be restored. Penalties under sections 76 and 77 of the Finance Act, 1994 could be waived where the tax was paid without any finding of intent to evade and reasonable cause was shown, so section 80 relief applied and the penalties were set aside. en-us Mon, 29 Feb 2016 00:00:00 +0530 Tue, 08 Nov 2016 10:59:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=334261 Under the proviso to rule 3(4) of the Cenvat Credit Rules, 2004, service tax for a prior month cannot be discharged using Cenvat credit earned only in later months; the credit must have been available on the last day of the relevant month or quarter, so cash payment was required and the Cenvat account had to be restored. Penalties under sections 76 and 77 of the Finance Act, 1994 could be waived where the tax was paid without any finding of intent to evade and reasonable cause was shown, so section 80 relief applied and the penalties were set aside. Case-Laws Service Tax Mon, 29 Feb 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=334261