2024 (12) TMI 82

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..... 2. The facts of the case are that the appellant is engaged in telecom infrastructural support service to various telecom companies and discharging service tax under the category of 'Support Service of Business or Commerce'. The appellant procured certain capital goods namely lead acid batteries, electric generator sets, Acs, power interface unit, switch mode power systems, battery bank etc. and availed Cenvat credit thereon. After certain periods, these capitals were removed after their uses as waster/scrap and at the time of removal, the appellant calculates the Cenvat credit in terms of Rule 3(5A) of the Cenvat Credit Rules, 2004 and said reversal of Cenvat credit was adopted by a method following the net-off method whereby appellant....

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....f recovery of Cenvat credit in terms of Rule 3(5A) of Cenvat Credit Rules, 2004 was dropped but demand of interest was confirmed and penalty of Rs.10,000/- was imposed under Section 77(2) of the Finance Act, 1994. Aggrieved from the said order, the appellant is before us. 4. Learned counsel for the appellant submits that the appellant were adopted a method by which the net-off the Cenvat credit available to them i.e. Cenvat credit available on inputs/input services during the month less Cenvat credit attributable to reversal in terms of Rule 3(5A) of Cenvat Credit Rules, 2004 and showing the same in ST-3 returns. Therefore, they have not shown the amount of reversal of Cenvat credit in terms of Rule 3(5A) of Cenvat Credit Rules, 2004. In....