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TMI Blog2012 (6) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... d input services - sub-rule (5) prevails over sub-rules (1),(2) and (3) - in favour of assessee. - ST/330/2011-Mum - Final Order No. A/170/2012-WZB/C-I(CSTB) - Dated:- 17-2-2012 - Ashok Jindal, P R Chandrasekharan, JJ. For Appellant: Shri Rajeev Waglay, Adv. For Respondent: Shri Sanjay Kalra, Appraiser (AR) Per: P R Chandrasekharan: The appeal and stay application are directed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice tax payable whereas the appellant had availed 100% of the CENVAT credit. After adjusting the 20%, the appellant was required to pay Rs.11,14,303/- being excess of CENVAT credit availed in respect of input services during 2007-08. During 2008-09 and 2009-10, the appellant availed CENVAT credit on input services in respect of both the taxable services as well as exempted services but did not ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plea of the appellant, dropped the demand of Service Tax of Rs.47,20,358/- for the period 2008-09 and 2009-10. However, he confirmed the demand of CENVAT credit of Rs.11,14,303/- of excess CENVAT credit on input services availed during 2007-08 and also imposed equivalent amount of penalty under Rule 15 of CENVAT Credit Rules read with Section 78 of the Finance Act, 1994. He further imposed a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the appeal itself can be disposed of at this stage. Therefore, after granting waiver of pre-deposit of the dues adjudged, we take up the appeal for consideration. 7. The case of the department is that during 2007-08 as per Rule 6 (3) of the CENVAT Credit Rules, the appellant can take only 20% of the service tax paid on the input services and, therefore, the appellant has availed excess CENVAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) prescribes a limit of 20% for availment of service tax credit, sub-rule (5) provides for whole of the service tax credit in respect of the specified input services. Therefore, the demand of the department in respect of excess service tax credit has no legal basis. Accordingly, the impugned order is not sustainable in law and is set aside. The appeal filed by the appellant is allowed with cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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