2022 (4) TMI 831

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.... the case are that the appellant -assessee is a manufacturer of M.S. Angle, M.S. Channel, M.S. Ingots etc. They also received various input services like GTA, Manpower Supply Agency Service and Security Service etc. Appellant is registered with the Department and have been making their compliance regularly. 3. Pursuant to audit for the period September, 2013 to March, 2015 in the month of April, 2015, it appeared to Revenue that appellant have not discharged service tax liability under reverse charge mechanism on the input services being GTA, Manpower Supply Agency and Security Service. Accordingly, for the period April, 2014 to March, 2015 total service tax under these three heads under the reverse charge mechanism, demanded for Rs. 1,9....

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.... of the case no penalty is imposable under Section 77, 78 and Section 70 of the Act. It was also urged that the return of financial year 2014-15 was filed on 21.01.2016. It was also urged that after receipt of show cause notice the appellant informed the Adjudicating Authority about the facts of tax having been paid, but the same has not been considered. It was further urged that the situation is revenue neutral as appellant is entitled to take cenvat credit of the service tax paid under reverse charge mechanism, and further they have cleared their finished goods on payment of duty. It was also urged that the appellant company was facing financial crisis for the last few years due to glut in the steel industry and eventually shut their oper....