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    <title>2017 (5) TMI 447 - CESTAT NEW DELHI</title>
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    <description>Penalty for excess Cenvat credit was sustained where the recipient availed credit on the full service tax paid by the provider, although the apportionment under Notification No. 30/2012-ST required only 25% to be borne by the provider and 75% by the service recipient. The excess credit was reversed, but interest on the confirmed demand was not paid. The Tribunal also observed that the service provider could have claimed refund of the excess tax, and held that the cited precedents did not justify waiver of penalty on these facts. The appeal therefore failed.</description>
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    <pubDate>Wed, 18 Jan 2017 00:00:00 +0530</pubDate>
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      <title>2017 (5) TMI 447 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=342709</link>
      <description>Penalty for excess Cenvat credit was sustained where the recipient availed credit on the full service tax paid by the provider, although the apportionment under Notification No. 30/2012-ST required only 25% to be borne by the provider and 75% by the service recipient. The excess credit was reversed, but interest on the confirmed demand was not paid. The Tribunal also observed that the service provider could have claimed refund of the excess tax, and held that the cited precedents did not justify waiver of penalty on these facts. The appeal therefore failed.</description>
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      <pubDate>Wed, 18 Jan 2017 00:00:00 +0530</pubDate>
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