2022 (6) TMI 673

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....late fee imposed for late filing, non-filing of return, further Rs. 10,000/- have been imposed by way of penalty under Section 77(1) for failing to appear on the date fixed for hearing. 3. As regards the first issue, I find that the bone of contention is that the appellant have not included receipts under the head 'other income' in their taxable turnover. Learned Counsel explains that under this head, the major receipt is on account of warranty claim receipt, which is prima facie for the price of the parts they have replaced under warranty, and the same is reimbursed by the manufacturing company. There is also an amount of 3,48,768/- under the head 'depot charges' which is explained to be in nature of 'vehicle parking charges' received f....

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.... in the returns. 8. So far imposition of penalty under Section 77(1) r/w Rule 7 is concerned, the penalty of Rs. 84,000/- & Rs. 10,000/- have been imposed for late filing, non-filing of returns from the period April 2013 to June 2017. 9. As regards the disallowance of Cenvat credit of 3,06,939/- for the period October 2016 to June 2017, the same has been disallowed on the ground that the appellant-assessee have not filed their ST-3 return for the above period. Thus, it has been deemed that they have taken the Cenvat credit after delay of more than one year. Learned Counsel explains that in reply to Show cause notice, they have taken categorical stand that they have taken credit before one year from the date of receipt of voucher for t....