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TMI Blog2014 (10) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... ition, we are of the prima facie view that the appellant is not eligible to take cenvat credit on inputs and capital goods used in the construction of the mall and would be eligible to credit only in respect of input services used in the construction of the mall - Partial stay granted. - Appeal ST/85609/14-Mum - - - Dated:- 11-8-2014 - P R Chandrasekharan and Ramesh Nair, JJ. For the Appellant : Mr S Jaikumar, Adv. For the Respondent : Mr K S Mishra, Additional Commissioner (AR) JUDGEMENT Per: P R Chandrasekharan: The appeal and stay petition are directed against order-in-original No. PUN-EXCUS-003-COM-027-13-14 dated 26.11.2013 passed by the Commissioner of Central Excise, Pune-III. 2. Vide the impugned order, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to inputs and capital goods would be approximately ₹ 70 lakhs. It is his plea that there is no bar in taking the credit even after 1.4.2011 and reliance is placed on the clarification issued by the CBEC in this regard vide Circular No. 943/4/2011-CX dated 29.4.2011, wherein the Board has clarified that the credit on exempted service (service which has been excluded from the purview of input services) shall be available if its provision has been completed before 1.4.2011. The learned counsel also pleaded financial hardship. Accordingly, he pleads for grant of stay. 4. The learned Additional Commissioner appearing for the Revenue, on the other hand, submits that in the case of Galaxy Mercantiles Ltd. vs. CCE, Noida reported in 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit would be permissible. The said view was also affirmed by the Hon'ble Bombay High Court (supra). In view of the above factual and legal position, we are of the prima facie view that the appellant is not eligible to take cenvat credit on inputs and capital goods used in the construction of the mall and would be eligible to credit only in respect of input services used in the construction of the mall. The amount of ineligible credit on inputs and capital goods is approximately ₹ 70 lakhs. Therefore, we direct the appellant to make a pre-deposit of ₹ 70,00,000/- (Rupees seventy lakhs only) within a period of eight weeks and report compliance by 13th October 2014. On such compliance, pre-deposit of the balance dues adjudged ..... X X X X Extracts X X X X X X X X Extracts X X X X
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