2015 (1) TMI 594

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....ishnan, CA For the Respondent : Shri B Kumar Iyer, Superintendent (AR) JUDGEMENT Per: Ashok Jindal: The appellant is in appeal against the impugned order wherein service tax demand of Rs. 69,44,352/- along with interest and various amount of penalties under the Finance Act, 1994 have been confirmed against the appellant for the period 1.10.2007 to 31.3.2008 restricting the utilization ....

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....o the appellant to deny the excess utilization of Cenvat Credit and same was demanded along with interest and penalty was also made. The show cause notice was adjudicated, converted into impugned order, therefore the appellant is before us. 2. The Ld. Consultant appeared on behalf of the appellant and submits that after issuance of the show cause notice. The appellant had paid the service tax o....

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....ve paid service tax on exempted service after issuance of the show cause notice, therefore, Cenvat Credit cannot be denied. To support this contention, he relied on the decision of Everest Convertors Vs. CCE reported in 1995 (80) ELT 91 (Tri.) 3. On the other hand, the Ld. A.R. reiterated the finding of the impugned order. 4. Heard both sides. Considered the submissions. 5. In this case i....