TaxTMI 
TaxTMI 
2021 (10) TMI 535
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.... The facts leading to the case are as under: The respondent is a public sector bank having branches all over India. The service tax provisions were brought into force and made applicable to the banks with effect from 10.09.2004. Pursuant to the introduction of service tax provisions, the respondent-Bank obtained centralized registration at its head office at Mangalore in respect of its branches situated in India. The respondent-Bank filed its ST-3 returns and availed CENVAT credit which was also disclosed in the returns. The Range Superintendent Officer having examined the returns, called upon the respondent-Bank to submit returns as prescribed under Rule 9(9) of the Cenvat Credit Rules, 2004. 3. The respondent-Bank's claim is tha....
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....n the judgments rendered in the case of Vulcan Industrial Engineering Co. Ltd., [2005(11) TMI 111 - CESTAT Mumbai] and also in the case of Bank of India [2017 (4) TMI 896 - CESTAT Hyderabad] set aside the order passed by the Commissioner. 5. Being aggrieved by the order of the Tribunal, the authorities are before this Court. 6. Learned counsel for the appellant would vehemently argue and contend before this Court that the Tribunal erred in setting aside the order in original passed by the Commissioner without examining the merits of the case. He would further contend that the respondent-Bank had availed CENVAT credit on the strength of documents wherein the mandatory details prescribed under Rule 5 of erstwhile Service Tax Credit R....
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....he Commissioner. He would conclude his arguments by submitting that the order passed by the Tribunal is in accordance with law and therefore, may not warrant interference at the hands of this Court. 8. Heard learned counsel appearing for the appellant and learned counsel appearing for the respondent-Bank. Perused the order under challenge. 9. It would be useful for this Court to refer to Section 73(1) of the Finance Act, 1994, which reads as under: "73. Recovery of service tax not levied or paid or short-levied or short-paid or erroneously refunded. - (1) Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, Central Excise Officer may, within thirty m....
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....eparate accounts in respect of service tax and education cess. The service tax was implemented with effect from 10.09.2004. The Commissioner and the Tribunal both have arrived at a conclusion that the assessee are new to service tax matters. The Commissioner as well as the Tribunal have also arrived at a conclusion that the respondent-Bank has accounted service tax and education cess separately while making cash payments. The Tribunal on re-appreciation has come to conclusion that there was no intention on the part of the respondent-Bank to evade payment of service tax. The authority as well as the Tribunal have also come to conclusion that there was a reasonable cause for the respondent-Bank in not submitting the returns in time. ....