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TMI Blog2014 (2) TMI 483X X X X Extracts X X X X X X X X Extracts X X X X ..... ngaged in the business of providing 'Banking and Financial Services' and they have been paying Service tax since 2001 when such service became taxable under the provisions of Finance Act, 1994. When Cenvat Credit Rules, 2004 was notified with effect from 10.09.2004, they claimed Cenvat credit of central excise duty paid on various equipment like computers, printers, lockers etc., purchased by them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore this Tribunal. 2. The Ld. Advocate for the applicant submits that when the new Cenvat Credit Rules, 2004, came into force on 10.09.04, the excise duty paid on these goods were reflected in the books of accounts of the appellant. Therefore, credit should have been allowed. He further argues that on 10-09-2004 the Cenvat Credit Rules, 2002 and Service Tax Credit Rules, 2002 were integrated int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es that were operated for central excise levy and service tax levy were distinct and had distinct features. Under central excise, credit of duty paid on capital goods and inputs were allowed but no credit of duty paid on service tax paid on services used in the manufacture was allowed. In the case of Cenvat credit scheme for service tax that was operative prior to 10-09-2004 credit was allowed onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en for a particular period could not be extended for a past period. She relies on the decision of CCE, Surat Vs. Electro Mech. Maintenance -2013 (30) S.T.R. 103 (Tri. Ahmd.), where demand penalty and interest were upheld. 4. I have considered the submissions on both sides. There are clear provisions under Cenvat Credit Rules, 2004 that the new credit scheme is applicable only in respect of duties ..... X X X X Extracts X X X X X X X X Extracts X X X X
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