<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (9) TMI 295 - CESTAT CHENNAI</title>
    <link>https://www.taxtmi.com/caselaws?id=366559</link>
    <description>The Tribunal upheld the ineligibility of CENVAT credit on input services related to trading activities, as trading does not qualify as a taxable service. It clarified that trading was not considered an exempted service before 1.4.2011, rejecting the appellant&#039;s argument. The demand for wrongly availed CENVAT credit and interest amounting to Rs. 3,22,07,534/- was affirmed. However, the demand of Rs. 35,91,928/- for short-paid duty due to wrong utilization of credit was set aside to avoid duplication. Penalties under section 78 were also overturned, following the precedent that mere wrongful credit does not warrant penalties. The appeal was partly allowed with modifications to the original order.</description>
    <language>en-us</language>
    <pubDate>Fri, 31 Aug 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 06 Sep 2018 10:31:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=533379" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (9) TMI 295 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=366559</link>
      <description>The Tribunal upheld the ineligibility of CENVAT credit on input services related to trading activities, as trading does not qualify as a taxable service. It clarified that trading was not considered an exempted service before 1.4.2011, rejecting the appellant&#039;s argument. The demand for wrongly availed CENVAT credit and interest amounting to Rs. 3,22,07,534/- was affirmed. However, the demand of Rs. 35,91,928/- for short-paid duty due to wrong utilization of credit was set aside to avoid duplication. Penalties under section 78 were also overturned, following the precedent that mere wrongful credit does not warrant penalties. The appeal was partly allowed with modifications to the original order.</description>
      <category>Case-Laws</category>
      <law>Service Tax</law>
      <pubDate>Fri, 31 Aug 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=366559</guid>
    </item>
  </channel>
</rss>