2015 (3) TMI 665

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....assed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Chennai raising the following questions of law: "1. Whether under the provisions of the Finance Act, 1994 during the material period service tax was payable on the amount billed or the amount received by a service provider from the recipient of service? 2. Whether the appellant was entitled to avail credit on inputs supplied to the job worker for fabrication of excisable goods on which job worker did not avail credit as both the consignee and the buyer was the appellant in the invoice raised by the supplier of such material? 3. Whether the Honourable Tribunal was justified in directing the appellant to pre-deposit an amount of Rs. 20.00 lakhs mere....

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....credit where they are found ineligible. Further the facts relating to receipt of differential value and incorrect availment of cenvat credit would have gone unnoticed but for the efforts of the department to bring it to light, thus warranting invocation of proviso to Section 73(1) and Rule 14 of the Cenvat Credit Rules, 2004 for demand of Service Tax not paid and cenvat credit wrongly availed. It further requires recovery of interest under Section 75 of the Finance Act, 1994 and Rule 14 of the Cenvat Credit Rules, 2004 together with attendant penalties under Section 76 and 78 of the Finance Act, 1994 and Rule 15 of the Cenvat Credit Rules, 1994." 2.2 Aggrieved by this order of the Adjudicating Authority, the assessee preferred an appeal ....

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....ce between the billed amount and the actual amount received on the basis of the ST-3 returns over which an explanation has been given, however, not accepted by the Department, is a matter for reconciliation by the Tribunal.            We, therefore, are not inclined to go into the issue at this point of time. Taking note of the total amount of demand under the adjudication order amounting to Rs. 74.00 lakhs (approx.), the Tribunal ordered pre-deposit of Rs. 20 lakhs. 6. We find that the Tribunal has not considered the legal aspect of the prima facie plea that whether cenvat credit is eligible or not in respect of inputs as well as finished products, as contended by the assessee. Howe....