2011 (8) TMI 356

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....for the Revenue.   Per: Mr. B.S.V. Murthy:   The appellant is engaged in manufacture of pharmaceutical products. They availed CENVAT Credit on Service Tax as Business Auxiliary Service on technical know-how service provided by M/s Pfizer Ltd. 01.10.04 onwards in the month of April 2005. Subsequently, it was found that the amount paid by the appellant included the amount paid for so....

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.... Heard both sides. Ld.Counsel on behalf of the appellant submitted that as soon as the officers pointed out that credit is not available in respect of services received by them prior to 10.09.04, the appellant paid the Service Tax credit confirmed with interest even before issuance of Show Cause Notice. He prays that no proceedings should have been initiated and matter should have been closed by r....

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....in cases like this proceedings cannot be initiated once the Service Tax credit taken is reversed with interest.   3. I find that in this case, as submitted by ld. Counsel, there is no dispute that the service tax has been paid by service provider and receiver also paid tax. As soon as the assessee was informed that the credit taken in respect of services provided prior to 10.9.04 is not ad....

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....e notice of trade and industry that Show Cause Notice under Section 11A(1) of Central Excise Act, 1944 and under Section 73(1) of Finance Act, 1994 will not be served to the defaulters provided they made immediate payment of the duty involved along with interest as discussed above except under the situations mentioned in Explanation 1 provided under Section 11A(2B) and Sub-section (4) of Section 7....