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TMI Blog2013 (2) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... ategory. Similarly, it is claimed that the appellants have taken credit of service tax paid by the subcontractors under the category of 'Management, Maintenance or Repair service' and utilised the credit while executing their annual maintenance contract the their customers. Learned CA submits that they have paid more service tax on these categories than what they have taken as credit. Therefore, we prima facie, agree that substantial part of the balance of the demand may not be sustainable. Direct the appellants to deposit a sum of Rs. 62 Lakhs. - ST/965/2011 - - - Dated:- 17-7-2012 - P.G. Chacko And M. Veeraiyan, JJ. Appellants Rep by: Mr. S. Srinath, Joseph Jacob Mr. Sudip Kumar Bihani, Advs. Respondent Rep by: Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce tax under the category of Information Technology Services' and Management or Repair Services'. The credit taken by them is being utilized towards payment of service tax on these services provided by them. 2.4. They also take credit of certain services like advertising agency services, inbound freight, outbound freight, clearing and forwarding agency services, etc. 2.5. Commissioner has confirmed demand of Rs.25,77,02,690/- being credit taken during the period April 2008 - March 2009 along with interest. He has also imposed penalty of Rs.14,14,46,763/- under Rule 15(4) of the CENVAT Credit Rules, 2004 read with Section 78 of the Finance Act, 1994. 3.1. Learned Chartered Accountant (CA) for the appellant submits that out of total d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting their annual maintenance contract the their customers. Learned CA submits that they have paid more service tax on these categories than what they have taken as credit. Therefore, we prima facie, agree that substantial part of the balance of the demand may not be sustainable. 6. In view of the above, we direct the appellants to deposit a sum of Rs. 62,00,000/- (Rupees Sixty Two Lakhs Only) within six weeks from today and report compliance to the Assistant Registrar on 4.10.2012 and Assistant Registrar to report to the Bench on 11.10.2012 Subject to deposit of the above amount, there shall be waiver of pre -deposit of the balance of dues as per the impugned order and stay of recovery thereof till the disposal of the appeal. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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