2017 (10) TMI 513

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....h as Ld. Commissioner did not impose penalty under Rule 15(1) of Cenvat Credit Rules, 2004 the present appeal. 2. Shri. B. Kumar Iyer, Ld. Superintendent(A.R.) appearing on behalf of the Revenue reiterating the ground of appeal submits that the penalty was proposed under Rule 15 in the show cause notice. However, Ld. Commissioner while passing the order did not impose penalty under Rule 15 therefore the order of the Commissioner so far it relates to non imposition of penalty under Rule 15(1) is not legal and proper. 3. On the other hand, Shri. L. Badrinarayan, Ld. Counsel with Shri. Vinay Jain, Ld. C. A. appeared on behalf of the respondent and submits that Ld. Commissioner in his findings clearly held that penalty under Rule 15 canno....

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..... 200/- per day or @ 2% of service tax payable, per month whichever is higher, starting with the first day after the due date till the date of actual payment of the outstanding amount of service tax, under Section 76 ibid upto the period 09/05/2008. No penalty under Section 76 is imposed for the period after 10/05/2008. (iv) For failure to file correct ST-3 Returns as required under Section 70 of the Act; and failure to file list of records maintained, read with Rule 5 and Rule 7 of the Service Tax Rules,1994, a penalty of Rs. 5,000/- is imposed under the provisions of Section 77 ibid. (v) I impose a penalty of Rs. 45,05,15,200/- (Rupees Forty Five Crore Five Lakhs Fifteen Thousand Two Hundred Only), under Section 78 of th....

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.... date till the date of actual payment of the outstanding amount of service tax, under Section 76 ibid. (iv) For failure to file correct ST-3 Returns as required under Section 70 of the said Act., and failure to file list of records maintained, read with Rule 5 and Rule 7 of Service Tax Rules,l994, a penalty of Rs. 5,000/- is imposed under the provisions of Section 77 ibid. (C) In respect of the third Show Cause Notice dated 23/09/2010 (i) I confirm demand of Rs. 44,68,92,548/- (Rs. Forty Four Crores Sixty Eighty Lakhs Ninety Two Thousand Five Hundred Forty Eight only) against M/s.Vodafone Essar Ltd. (ii) 1 order payment of interest at the appropriate rate applicable during the 'relevant period', on the ....

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.... to file list of records maintained, read with Rule 5 and Rule 7 of Service Tax Rules,1994I, a penalty of Rs. 5,000/- is imposed under the provisions of Section 77 ibid. I am, inclined to reduce the aforesaid amount, under a reasonable belief, on the basis of clarification received from the Jurisdictional Assistant Commissioner, to the extent of Rs. 45,05,15,200/- for the period 2005-06 to 2007-08, as the same amount of Cenvat credit is denied and demanded twice, as discussed in para 33 above. From the above, we notes that the adjudicating authority in the impugned order has recorded the submission of the appellant but not given any finding on penalty under Rule 15 in para 42 which is reproduced as below: 42. So far as proposal to ....