2023 (10) TMI 960

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....t, for the Appellant Shri S.B.P. Sinha, Superintendent, Authorised Representative for the Respondent ORDER Brief facts of the case are that the appellant paid service tax under reverse charge mechanism on the expenditure incurred in foreign currency in respect of contribution towards social security for employees of their overseas holding company. Such employees were working for the appel....

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....d ineligible cenvat credit. On contest, original authority confirmed the demand and imposed penalties. Appellant preferred appeal before learned Commissioner (Appeals). Learned Commissioner (Appeals) did not interfere with the confirmation of demand and imposition of penalties. Therefore, appellant is before this Tribunal. 2. Heard the learned Chartered Accountant for the appellant. He has subm....

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....Hon'ble Bombay High Court has held that in view of the fact that the assessment of final product was not reversed by Revenue and the appellant before them was not paid the refund of the duty which was not required to be paid, availment of cenvat credit of duty paid on inputs was regular. He has further submitted that the situation is revenue neutral since the amount which was not required to be pa....

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....t in the relied upon case of CCE, Pune vs. Ajinkya Enterprises. I find that it is relevant to reproduce para 10 of the said judgment which is as follows:- "10. Apart from the above, in the present case, the assessment on decoiled HR / CR coils cleared from the factory of the assessee on payment of duty has neither been reversed nor it is held that the assessee is entitled to refund of dut....