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TMI Blog2014 (10) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... ent : Shri B S Meena, Addl. Comm (AR) JUDGEMENT Per: P R Chandrasekharan: The appeal and the stay petition are directed against Order-in-Original No. PUN-EXCUS-001-COM-057-13-14 dated 31.03.2014 passed by the Commissioner of Central Excise, Pune I. Vide the impugned order, the ld. Adjudicating authority has confirmed the demand of Rs. 54,44,777/- by denying utilisation of Cenvat credit of equiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity of 'Renting of Immovable Property Service' done at Mumbai. Therefore, a show-cause notice was issued proposing to deny the utilisation of Cenvat credit and for recovery of the same vide notice dated 18.10.2013. 2.2 The matter was adjudicated vide the impugned order and demands were confirmed along with interest and imposition of penalties. It is this order which is in challenge before us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken had nothing to do with the construction of property in Mumbai or the renting of said property thereafter. Therefore, the impugned demand is sustainable in law and hence the appellant should be put to terms. 5. We have carefully considered the submissions made by both sides. 6. It is a basic principle of Cenvat credit that there has to be a nexus between the input and input service and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i is not clearly permissible in law. Therefore, the appellant has not made out a prima facie case for waiver of dues. Accordingly, we direct the appellant to make a pre-deposit of the entire amount of Cenvat credit of Rs. 54,44,777/- wrongly taken and utilised, within a period of eight weeks and report compliance by 20.10.2014. On such compliance pre-deposit of balance of dues adjudged namely, int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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