2019 (5) TMI 1843

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Sanjiv Srivastava, Member (Technical) For the Appellant : Shri Bharat Raichandani, Advocate For the Respondent : Shri Bidhan Chandra, Authorized Representative ORDER PER: S.K. MOHANTY Briefly stated, the facts of the case are that the appellant herein is engaged in the manufacture of excisable goods viz. sugar, molasses etc., falling under Chapter 17 of the First Schedule to the C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... facilities; that they were subsequently taken over by the bank under the provisions of SRFAESI Act, 2002 and leased out to the appellant for a period of five years for the purpose of running the sugar mill; that the agreed amount of the lease rent was being paid by the appellant and that the appellant had availed Cenvat credit of Service Tax in the capacity of recipient of "Renting of Immovable P....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mounting to Rs. 67,55,017/- availed by the appellant was disallowed and the appellant was directed to pay the interest liability thereon. Besides, the said order also imposed equal amount of penalty on the appellant. Feeling aggrieved with the impugned order, the appellant has preferred this appeal before the Tribunal. 2. The learned Advocate appearing for the appellant submitted that since ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oth sides and perused the records. 5. It is not the case of Revenue that service tax liability in respect of the taxable service viz. Renting of Immovable Property has not been discharged in the present case. The service tax amount in question was actually paid by the appellant and the same was deposited into the Central Government account in the name of the original owner M/s TTSSK. The depart....