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2015 (12) TMI 328
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....Appellant. Shri A.K. Dhawan, AR, for the Respondent. ORDER The appellant is in appeal against the impugned order for imposition of penalty under Section 78 of Finance Act, 1994 and under Rule 15(3) of the Cenvat Credit Rules, 2004 read with Section 77 of the Finance Act, 1994 and penalty under Rule 15A of Cenvat Credit Rules, 2004. 2. The facts of the case are that audit was condu....
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....rious penalties under Finance Act and for violation of Cenvat Credit Rules. The appellant is not disputing their liability of Service Tax along with interest. They are only contesting the imposition of penalty on the premise that as they have paid the entire Service Tax along with interest on pointing out by the department. Therefore show cause notice was not required to be issued as per Section 7....
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....msp;On the other hand, learned AR opposed the contention of the learned Consultant and submits that if the audit would not have conducted in the premises of the appellant, the truth could not have unearthed. The appellant could have enjoying the short payment of Service Tax and availing inadmissible Cenvat credit. Therefore, the penalties are rightly imposed on the appellants. 5. Heard bot....
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.... In the case of Service Tax for outward exempted service, it is the admission of the appellant that they are not maintaining separate accounts. Therefore, they are not entitled to take Cenvat credit more than 20%. Further I find that if the audit had not been conducted in the premise of the appellant, this fact would not have come in the knowledge of the department, therefore, I hold that on these....