2015 (11) TMI 1105

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....oner : Shri Suhas Bora, C.A. For the Respondent : Shri A.B. Kulgod, Asst. Commissioner (AR) ORDER Per: Shri Anil Choudhary The appellant M/s Ambejogai Peoples Co-operative Bank Ltd. is registered with Service Tax department for Banking and other Financial Services. The appellant had availed CENVAT Credit under the CENVAT Credit Rules, 2004 on the duty paid services availed by the appel....

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....nance Act, 1994 and penalty of Rs. 5000/- under Rule 15A of the CENVAT Credit Rules, 2004. Being aggrieved the appellant had carried the matter before the Commissioner (Appeals). The appellant had raised the ground that it had reversed the total amount of CENVAT credit availed for the common input service along with interest and the same was repaid by challans, a copy of which is annexed at pages ....

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.... leviable under Section 66 of the Finance Act, 1994." It is further contended by the appellant that Division Bench of this Tribunal in the case of Nagar Urban Co-operative Bank Ltd. - 2014-TIOL-929-CESTAT-MUM, after considering the decision of this Tribunal in the case of Jost's Engineering Co. Ltd. Vs. Commissioner of Central Excise, Mumbai III  2013-TIOL-732-CESTAT-MUM and also the rulin....

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.... into consideration the reversal of whole of the credit of common input service, relief was allowed. The appellant also strongly contends that in view of the definition of Exempt Service, they do not fall under the provision of Rule 6(3). 3. The learned AR relies on the impugned order, but does not dispute the rulings relied upon by the Counsel for the appellant. 4. Having considered the riv....