2019 (3) TMI 445

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....RDER Per: S.K. Mohanty Brief facts of the case are that the appellant is engaged in providing various taxable services, defined under the Finance Act, 1994 and also engaged in the business of trading activities. The appellant avails Cenvat Credit of central excise duty paid on inputs/capital goods and service tax on the input services. During the disputed period 2011-12 to 2014-15, the appella....

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....envat Credit to the tune of Rs. 1,71,491/-and also penalty under Rule 15(3) of the Rules to Rs. 1,47,491/-. The impugned order has set aside the penalty imposed under Rule 15(1) of the Rules. Feeling aggrieved with the impugned order, the appellant has preferred this appeal before the Tribunal. 2. Heard both sides and perused the records. 3. The appellant contended that it had reversed proportio....

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....e tax on the output service, the interest demand cannot be fastened on the Assessee. However, since the reversal particulars and available balance in the Cenvat account during the disputed period was required to be verified, I am of the view that the matter should go back to the original authority for fact finding with regard to payment of interest by the appellant considering the provisions of bo....