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TMI Blog2009 (1) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... petition. 2.1 The applicants admittedly render telecom services. They were taking credit on various input services from 10-9-04 and utilised the said credit towards payment of service tax on out put services rendered by them by debiting their Cenvat account. In April, 2005, they entertained doubts as to whether the interconnectivity usage charges and interstate roaming charges collected by them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ast their Cenvat account by making those two cash payments. Having paid the above two amounts in cash, they felt that original excess debits have been nullified and they took amounts exactly equal to the cash deposits as fresh credits. He submits that these are mere adjustments of credit entries and does not involve any refund and such adjustments are permissible in the light of decision of Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which would have been considered in accordance with the law, particularly the provision relating to unjust enrichment. Without preferring any such refund claim, to claim that they made adjustment by making cash deposits by treating certain past payments as erroneous and subsequently taking equal amount as credit in Cenvat account they have committed double mistakes. Such an action cannot be trea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat they would be eligible to utilize only 20% of the credit taken, they have chosen to make cash payments in May, 2005 and August, 2005 to offset the excess credit utilized by them and claimed to have retrospectively nullified the excess utilisation of credit during the past period. It has not been satisfactorily explained as to how the appellants who rectified the mistake of utilization of exces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prima facie case for waiver of entire demand of Rs. 2,62,68,609/-. No financial hardship is also pleaded. 5. Taking the entire facts and circumstance into account, we direct the applicant to deposit a sum of Rs. 25,00,000/- (Rupees Twenty-five lakh only) within 8 weeks from today and to report compliance on 13-3-09. Subject to abovementioned deposit, deposit of balance amount of tax and penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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