2008 (9) TMI 262

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., 2005 to March 2006 under the proviso to Section 73(1) of the Finance Act, 1994 read with Rule 14 of Cenvat Credit Rules, 2004. (2) Rs. 34,24,428/- being the irregular utilization of Cenvat credit during the period from April, 2006 to March, 2007 under the proviso to Section 73(1) of the Act read with Rule 14 of the Credit Rules. (3) Interest under the provisions of Section 75 of the Act read with Rule 14 of the Cenvat Credit Rules. (4) Penalty of Rs. 99,95,215/- under the provisions of Section 78 of the Finance Act, 1994. 2. Shri K.S. Ravi Shankar, the learned Advocate, appeared on behalf of the appellant and Smt. Joy Kumari Chander, the learned JCDR, for the Revenue. 3. We heard both sides. 4. The appellant obtained Ser....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....axable services and not providing any, but they were discharging Service tax liability in respect of Goods Transport Agency's Service received for inward and outward movement of goods-Goods Transport Agency's Service on which the appellants paid Service Tax to be deemed to be their output service-For payment of Service tax on this output service, credit of service tax paid on any input service and/or credit of duty paid on any input or capital goods could be validly availed-Rules 2(p) and 3 of Cenvat Credit Rules, 2004. (ii) CCE, Chandigarh v. Nahar Industrial Enterprises Ltd. - 2007 (7) S.T.R 26 (Tri.-Del.). (iii) Nagammai Cotton Mills (P) Ltd. v. CCE, Pondicherry - 2008 (10) S.T.R. 77 (Tri.-Chennai) (iv) Soundararaja Mills Ltd. '....