2011 (2) TMI 772

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....  After hearing both the sides duly represented by Shri D.K. Trivedi, learned advocate appearing for the appellants and Shri R.S. Srova, learned JDR appearing for the Revenue, I find that the short dispute in the present appeal relates to availment of cenvat credit of Rs.2,08,252/- in respect of service tax paid on loading and handling charges, service charges and insurance premium in resp....

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....aking credit by the company.   3. Accordingly the demand of Rs.2,08,252/- stands confirmed against the appellant by denying them the benefit of cenvat credit of the service tax paid in respect of various services availed at the time of import of the car, along with imposition of penalty of identical amount.   4. For better appreciation para 5 of Commissioner (Appeals) order is repr....

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....expenses of the car of its employee as part of his terms of employment and these expenses would be in the nature of perks to the employee and would be an element of the CTC (Cost to Company) while deciding the compensation package to the employee/director. Thus, since the car is owned by an individual and not by the appellant, the services rendered in relation to the car cannot be considered as in....

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....on, I find that the appellant nowhere disclosed to the Revenue that the car belong to the individual and was not in the name of the company. It was as a result of verification that the above facts came to the knowledge of the department. In such a scenario, invocation of longer period is justified.   7. As regards penalty, I find that the appellant might have availed the credit under a bon....