2024 (7) TMI 382

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....us taxable services viz. intellectual property rights service, Management, Maintenance and Repair Service etc. and also registered with the Service Tax Department for providing such services. During the relevant period, they have availed cenvat credit of Rs.4,81,43,943/- of the service tax paid on the services received by them from the overseas companies during the period 01.01.2003 to 09.09.2004. Alleging that the service tax paid on 09.04.2008 on the input services received prior to 10.09.2004, from the foreign service provider, CENVAT credit is not admissible, show-cause notice was issued to them on 23.04.2010 for recovery of the said credit with interest and penalty. On adjudication, the demand was confirmed with interest and penalty of....

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....rmed by the Commissioner, which included the amount of Rs.4,81,43,943/-. Aggrieved by the said order, they filed appeal before this Tribunal and by Order dated 02.02.2016, the Tribunal remanded the matter to the original authority for re-consideration, in the light of the settled legal position. In the de-novo proceedings, by Order-in-Original dated 29.12.2017, the adjudicating authority dropped the demand initiated against show-cause notice dated 24.04.2008. Consequent to the said order, the appellant had filed a refund claim of Rs.4,81,43,943/- on 13.11.2018 on the ground that they had availed the credit of the said amount and reversed the same on 31.08.2010 and were eligible as consequential refund as per the said order. The adjudicating....