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TMI Blog2011 (2) TMI 1275X X X X Extracts X X X X X X X X Extracts X X X X ..... from all these sources for the purpose of paying service tax - The respondent is undisputedly registered as a service provider for providing the services of renting of immovable property - the rules permit taking of credit under a common pool and permit use of the credit from the common pool for different purposes and there is no restriction placed to the effect that credit accounts should be maintained for use for manufacture of excisable goods and for use for providing services - Appeal is dismissed - ST/589/2010 - 297/11 - Dated:- 10-2-2011 - M Veeraiyan, J. For Appellant: Shri C. Rangaraju, SDR For Respondent: Shri A.L. Guruprakash, Auth. Rep. Per: M Veeraiyan: This is an appeal by the Department against the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Finance Act, 1994. 2. I also confirm the demand of interest at the appropriate rate on the amount demanded above in terms of Section 75 of Finance Act, 1994. 3. I also impose a penalty of Rs.200/- per day for every day during which such failure continues subject to a maximum amount of service tax that the assessee failed to pay in terms of Section 76 of the Finance Act. On appeal by the party, the Commissioner (Appeals) has set aside the order of the original authority. Hence the department is in appeal. 4. Learned SDR, reiterating the grounds of appeal, submits that in respect of renting of immovable property services, they could not use credit on capital goods, inputs and service tax which are not actually utilized in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit from a common pool to which different categories of specified excise duties, customs duty and service tax are allowed to be taken as credit. Similarly, a provider of taxable service is also entitled to take credit of specified excise duty, additional duty of customs and service tax in respect of input services and utilize the credit from all these sources for the purpose of paying service tax. The objection by the Department is that the respondent who is both a service provider and a manufacturer should maintain two separate accounts one in respect of credit attributable to inputs, capital goods and services meant for excisable goods and credit attributable to capital goods, inputs and services attributable to the service provided by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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