2014 (10) TMI 475

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....unil Gabhawalla, CA For the Respondent : Shri D Nagvenkar, Additional Commissioner (AR) JUDGEMENT Per: P R Chandrasekharan:  This appeal has been filed by Revenue against Order-in-Original No: 25/STC/BR/08-09 dated 29/09/2008 passed by the Commissioner of Service Tax, Mumbai 2. The respondent herein, M/s. Toyo Engineering Corporation Ltd., was required to discharge service tax ....

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....1 The Commissioner in the impugned order, under the wrong impression that the appellant had enough CENVAT credit accruing to them on payment of the service consideration to the service provider to discharge of tax liability, the liability to pay interest would not arise on account of delay to the extent of 102 days and 10 days. Accordingly, he confirmed only an interest amount of Rs. 51,403/-. How....

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.... not sustainable in law. Therefore, he pleads for allowing the appeal. 4. The learned consultant for the respondent submits that the respondent had CENVAT credit available in their books of accounts on the respective days. However, the debit of the CENVAT credit towards tax liability was made only on 15/02/2007. Inasmuch as the respondent had enough balance in their books of accounts, the quest....