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TMI Blog2013 (11) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... uxiliary Services – Whether the Applicant are entitled to utilize the Credit availed on inputs, capital goods and input services, while discharging their liability towards the service tax on Business Auxiliary Service – Waiver of Pre-deposit - Held that:- The applicants are having a common account and they have utilized the entire credit against the output services and have not utilised the credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dr. D. M. Misra; This is an Application seeking waiver of CENVAT Credit of Rs.1,32,21,226/- and equal amount of penalty imposed under Section 15(3)/15(4) of the CENVAT Credit Rules, 2004 read with Section 78 of the Finance Act, 1994. 2. At the outset, ld. Consultant for the Applicant submitted that during the period from October, 2009 to March, 2010, they had availed the CENVAT Credit on inputs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owards the excise duty and/or Service Tax. Also, he has referred to the judgment of this Tribunal in the case of Instrumentation Ltd. vs. CCE, Jaipur reported in 2011(23) STR 79(Tri.-Del.) and judgment of the Hon'ble Punjab & Haryana High Court in the case of CCE, Chandigarh vs. Nahar Industrial Enterprises Ltd. reported in 2012(25) STR-129(P & H). 3. Per contra, ld. AR for the Revenue has submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service tax on Business Auxiliary Service. The ld. Commissioner has held in the impugned Order that the Applicant are maintaining a common pool account, wherein the CENVAT Credit against inputs, capital goods and input services have been availed. It is the view of the Revenue that credit availed on inputs, capital goods, cannot be utilized in discharging the service tax liability. Prima facie, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on cannot be denied. Accordingly, we find that the applicants have made out a strong case in their favour. Therefore, we grant wavier of entire demand of cenvat credit along with interest and penalty and stay demand during pendency of the appeal. In view of the said precedent decision, we are of opinion that the Applicant could able to make out a prima facie case for total waiver of predeposit of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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