2013 (10) TMI 437

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed to deposit ₹ 1.11 crores as against demand of nearly ₹ 39 crores - Financial stringency was not alleged or stated either before the tribunal or before us -impugned order is fair, just and proper. We clarify that the observations made above are tentative and prima facie and will not be binding on the tribunal when they hear the appeals on merits. - CEAC No.44,45/2013 - - - Dated:- 1 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ent. After prima facie examination of the relevant provisions and noticing the language, the appellant has been directed to pay 35% of the CENVAT credit availed on input used in the construction of the building. At this stage, we would not like to express detailed opinion on merits, but only record that input as defined in Rule 2(k)(i) of the CENVAT Credit Rules, 2004 refers to all input tax paid .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed has been asked to deposit Rs.1.11 crores as against demand of nearly Rs.39 crores. 4. Financial stringency was not alleged or stated either before the tribunal or before us. 5. In view of the aforesaid position, we feel that the impugned order is fair, just and proper. We clarify that the observations made above are tentative and prima facie and will not be binding on the tribunal when they .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X