Case Law Details

Case Name : Commissioner of Service Tax, Mumbai Vs Hazira Marine Engg. & Const. Mgmt. P. Ltd. (CESTAT Mumbai)
Appeal Number : 2015 (12) TMI 810
Date of Judgement/Order :
Related Assessment Year :

CA Bimal Jain

CA Bimal JainFacts:

The Department has alleged that Hazira Marine Engg. & Const. Mgmt. P. Ltd. (the Respondent) has availed ineligible Cenvat credit and thereby liable to pay penalty under Section 76 of the Finance Act without invoking any provisions for imposition of penalties on the Respondent for improper availment of Cenvat credit.

Held:

The Hon’ble CESTAT, Mumbai held that when the Department has not invoked the provisions for imposition of penalties under relevant Section(s), therefore, the argument put forth by the Department for imposition of penalty under the Credit Rules is unsustainable.

(Author can be reached at Email: bimaljain@hotmail.com)

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Tags : CA Bimal Jain (661) Cestat judgments (798)

0 responses to “Penalty cannot be imposed if provision(s) for imposition of penalty for wrong availment of Cenvat credit has not been invoked in SCN”

  1. Ram Milan says:

    Mycash not ablaible

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