9911796707
TMI Blog2013 (9) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... he Revenue, the appellant was not entitled to take such credit on the capital goods which were procured after 10/09/2004 and were found in stock as on 16/06/2005 in the absence of enabling provisions. Waiver of Pre- deposit – Period of Limitation - Prima facie case for the appellant on merits was not found - the claim of the appellant was not supported by any specific provision of law - The show-cause notice specifically invoked the proviso to Section 73(1) of the Finance Act, 1994 for recovery of service tax by alleging mis-statement of facts with intent to evade payment of service tax, it did not raise any such allegation to invoke the said proviso for recovery of the amount It is not in dispute that the entire demand was for the exten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order and as stated before us today by the learned Commissioner(AR) is that the execution of the dredging activity prior to 18/04/2006 was not proved by the party. In this connection, the submission made by the learned counsel, in his rejoinder, is that all the requisite documents were furnished to the adjudicating authority but the same was not considered. Finally, the learned counsel has relied on a few High Court decisions, particularly on the Hon ble Delhi High Court s judgment in Vistar Construction (P) Ltd. Vs. UOI ors. (Judgment dt. 23/01/2013 in Writ Petition(C) No.5636/2010) vide 2013-TIOL-73-HC-DELHI-ST. We have perused this judgment of the Hon ble High Court and come across a ruling to the effect that the rate of tax applicabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after 10/09/2004 and were found in stock as on 16/06/2005 in the absence of enabling provisions. According to the appellant, the provisions of Rule 3(1) of the CENVAT Credit Rules, 2004 enabled them to take such credit. The learned Commissioner(AR) has opposed this claim by pointing out that the provisions of Rule 3 of the CENVAT Credit Rules, 2004 are conspicuous for the absence of exceptions like the one provided for stock of inputs. Rule 3(3), opening with a non obstante clause, enables a provider of output service to take CENVAT credit on a stock of inputs as on the date on which the output service ceases to be exempted service. It is pointed out that a similar provision is conspicuously absent in the CENVAT Credit Rules, 2004 in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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