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2008 (9) TMI 294

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....1. This is a revenue's appeal. The brief facts of the case are that the respondent is an advertising firm which was taking credit of input service received by them. On a scrutiny of the ST3 returns filed by them for half year ending September 2003 it was noticed that they had wrongly filed returns showing availment of Service tax credit for Rs. 1,99,997 out of which they utilized an amount of Rs. ....

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....firmed by the original adjudicating authority who disallowed the Service tax credit of Rs. 1,99,997 and also confirmed the demand of Rs. 1,21,117 along with interest and imposed penalty of Rs. 100 per day subject to maximum penalty of Rs. 3,21,024 under section 76 and another penalty of Rs. 3,50,000 under section 78. The respondent filed an appeal against this Order with the Commissioner (Appeals)....

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....ravention of rule 3(1) of the Service Tax Credit Rules. In view of this, it was submitted that the credit amount of Rs. 80,892 in respect of 67 bills not produced and another Rs. 65,744 in respect of 14 bills for which credit was taken before input service credit needs to be recovered. 3. The consultant on behalf of the respondent submitted that in respect of 67 bills they have utilized credit am....