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2013 (6) TMI 510 - AT - Service TaxCenvat Credit - suo moto credit - Taxable service - painting activities in respect of commercial and non-commercial buildings. - Rule 6(3)(c) of the CENVAT Credit Rules, 2004 - Held that - order of predeposit of the amounts for a technical violation in taking the suo motu credit by the appellants after depositing the cash amount in view of the credit utilized earlier will be harsh. - stay granted.
Issues:
Violation of Rule 6(3)(c) of the CENVAT Credit Rules, 2004 - Utilization of credit towards tax liability exceeding 20% - Demand of Rs.15,45,422/- - Imposition of penalty under Rule 15(3) of CENVAT Credit Rules - Show-cause notice for recovery of Rs.15,45,422/- and appropriation of wrongly utilized amount - Waiver of predeposit of dues pending appeal. Analysis: The appellant, engaged in manufacturing paints and painting activities for commercial and non-commercial buildings, faced allegations of violating Rule 6(3)(c) of the CENVAT Credit Rules, 2004 by utilizing more than 20% of the credit towards tax liability. Consequently, a demand of Rs.15,45,422/- was made, which the appellant complied with by making a cash deposit. However, the appellant sought to reclaim the earlier credit utilized, amounting to 80%, which was deemed irregular. As a result, a demand of Rs.15,45,422/- along with interest was confirmed, and a penalty of Rs.2000/- was imposed under Rule 15(3) of the CENVAT Credit Rules. Subsequently, another show-cause notice was issued for the recovery of Rs.15,45,422/- and to appropriate the amount of 80% wrongly utilized during the disputed period. The appellant contended that the demand pursuant to this notice was confirmed, and separate appeal proceedings were initiated and ongoing. Considering the entirety of the facts and circumstances, the tribunal opined that the order of predeposit for a technical violation, wherein the appellant took suo motu credit after depositing the cash amount despite earlier credit utilization, would be unduly harsh. Consequently, the tribunal waived the predeposit of dues as per the impugned order and stayed the recovery thereof pending the disposal of the appeal.
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