2025 (6) TMI 1849

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....30.06.2016 whereby the Adjudicating Authority confirmed the demand of Rs. being the service tax credit wrongly availed and utilized along with appropriate interest and imposed a penalty of Rs.52,23,188/-- under Rule 15(2) of the Cenvat Credit Rule, 2004 read with Section 78 of the Finance Act, 1994. The adjudicating authority, vide the said Order--in--Original, has also allowed the Service Tax credit of Rs.11,24,219/-- and further appropriated an amount of Rs.72,591/-- against the demand confirmed. 2. Briefly stated, the facts are that during the course of audit it was noticed from the details furnished by the appellant that during the period from 2010--2011 to 2012--2013 the appellant had taken cenvat credit of service tax on various se....

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....ct, 1994. (ii) I allow service tax credit of Rs 11,24,219/-- (Rupees Eleven Lakhs Twenty four Thousand Two Hundred and Nineteen Only) as discussed in para 25 above. (iii) I appropriate the amount of 72,591/ (Rupees Seventy Two Thousand Five Hundred and Ninety One Only)) already paid by the taxpayer towards the demand confirmed in S.No: (i) above. (iv) I confirm the demand of interest at appropriate rates on the taxpayer on the amount confirmed in S.No: (i) above under Rule 14 of the Cenvat Credit Rules, 2004 read with Section 75 of the Finance Act, 1994. (v) I impose a penalty of Rs 52,23,188/-- (Rupees Fifty Two Lakhs Twenty Three Thousand One Hundred and Eighty Eight Only) on the taxpayer under Rule 15 ....

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....s taken. He would submit that the appellant has since collected the requisite invoices/documents and prays that the appeal may be allowed by way of remand to the Original Authority with direction to examine the documents and to allow the Cenvat Credit as was entitled to the appellant. 5. Ms. O.M. Reena, Ld. AR appeared for the Respondent. Ld. AR submits that she has no objection to the matter being remanded for consideration afresh. 6. Heard both sides and perused the appeal records as well as the case law submitted as relied upon. 7. In as much as the Counsel for the appellant has requested the matter may be remanded to which the Ld. AR has no objection, it is evident that both sides are ad idem that the issue need examination afr....