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The facts of the case of M/s Bassi Alloys P. Ltd.
Appellant -Vs.- C.C.E., Chandigarh are that the appellant removed some
quantities of inputs on which credit was taken and after reversing the Cenvat
credit availed on the said inputs in terms of Rule 3(5) of the Cenvat Credit
Rules, 2004. The original authority held that while they received the inputs and
took credit and not only they have taken credit of duty on the inputs received
but also in respect of service tax paid on input service namely GTA services
which was utilised for bringing the said inputs. He ordered recovery of credit
amounting to Rs.1,05,708/- along with interest and imposed equal amount as
penalty under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of
the Central Excise Act, 1944. On appeal, the Commissioner (Appeals) rejected the
appeal of the party following his earlier decisions on identical issue in the
cases of M/s Bansal Alloys & Metals Pvt. Ltd. and M/s J.S. Khalsa Steel Pvt.
Ltd.
Tribunal in the case of
Chitrakoot Steel & Power Pvt. Ltd. vs. C.C.E., Chennai reported in 2008 (10) STR
118 (Tri-Chennai) held that in the absence of express provisions for
reversing the credit of service tax attributable to input services associated
with the inputs, the question of reversal of credit of service tax did not
arise. It has not been shown that the said orders of the Tribunal have been
appealed against and that any stay has been obtained.
The links given below to get the complete case
law
2010-ITS-129-CESTAT-M/s
Bassi Alloys P. Ltd. Appellant -Vs.- C.C.E., Chandigarh . Respondent , Date of
hearing/decision: 20.1.2010
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