TaxTMI 
TaxTMI 
2012 (11) TMI 437
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.... During the period from Oct., 2004 to Feb., 2006, the appellant had availed Cenvat credit of service tax paid on various input services relating to entertainment expenditure, guest house expenditure, security expenses (for guest house), seminar fees, excise duty paid on packing materials in respect of rice exported by the appellant, share related expenses, stock broker service fees and membership....
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....llant felt that instead of claiming the refund they take credit of the duty paid and utilise the same. I find nothing seriously wrong with this view since Rule 5 of Cenvat Credit Rules also provides that when credit cannot be utilised, refund can be claimed. Therefore, in respect of this amount the demand for interest and imposition of penalty cannot be sustained. As regards maintenance of guest h....
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....available. However, learned counsel submits that the seminars were related to their business only and prima facie it appears that it is admissible but in this case two views are clearly possible. Therefore, demand for interest and imposition of penalty as regards seminar fees also cannot be sustained. Share related expenses are required to be incurred by any Public Limited Company and it cannot be....
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....provisions of Section 80 can be invoked, in view of the fact that appellants had excess balance in their Cenvat credit account throughout the period and even though they could have disputed the issue as regards various other services where I have taken a view that appellants were entitled to bona fide belief, the attitude of the appellants seems to ensure that unnecessary dispute are not raised an....