2011 (4) TMI 474

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..... ion seems to be availment of credit earlier than the date on which the unit becomes eligible - Therefore, at best, interest can be demanded and in any case no penalty has been imposed - Accordingly, pre-deposit is waived and stay against recovery of the CENVAT credit demanded with interest is allowed during the pendency of the appeal. - E/774/2010-Mum - S/384/11/EB/C-II - Dated:- 25-4-2011 - B .....

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..... ere taken wrongly, CENVAT credit of Rs.76,60,985/- has been disallowed and hence the appeal. 2. The learned Counsel for the appellants submitted that there is no dispute that the service has been received and payment of service tax has been made by the appellant's head office. He submitted that the appellants were using SAP system and as soon as the challans were issued for their processing, mak .....

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..... lment of credit without physical receipt of the challan. He submits that CENVAT credit in total should not have been disallowed and, therefore, appellants deserve unconditional stay. 3. We have considered the submissions made by the learned counsel. After going through the records and considering the submissions made by the learned counsel, we find that this is a case of availment of CENVAT cred .....

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