2018 (4) TMI 1330

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....hanty, Member (Judicial) And Shri C J Mathew, Member (Technical) Mr. Sumeet Tholle, Chartered Accountant, for the appellant Mr. MK Sarangi, Jt. Commissioner (AR), Mr. MP Damle, Asstt. Commissioner (AR) and Mr. Atul Sharma, Asstt. Commissioner (AR)for respondent Per: S K Mohanty The issue involved in all these appeals are common. Accordingly, the same are taken up for hearing together a....

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.... of an amount of 8% of the value of exempted/ non-taxable services provided by them. The show cause notices were culminated in the impugned orders, wherein demands were confirmed along with interest and penalty was imposed on the appellants. 3. Learned Chartered Accountant appearing for the appellants submits that the appellants provide certain taxable services, which are exempted under Rule 6(....

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....nal authority is proper and justified. 5. Heard both the side and perused the case records. 6. On perusal of the impugned orders, we find that the learned adjudicating authority has recorded the findings that even if the credit has been reversed by the appellant, but such reversal cannot be construed as substitute for payment of service tax. Accordingly, the impugned orders have confirmed th....

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.... to the assessee to reverse proportionate CENVAT credit, once exercised by the assessee, the demand cannot be confirmed for recovery of the value of the exempted service provided by the assessee. Thus, we are of the considered view that since the appellants have reversed the CENVAT credit and also paid interest on such delayed reversal of credit, demand cannot be confirmed on the appellants. 7.....