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TMI Blog2015 (1) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... .2015. The appellant will be entitled to adjust out of the amount of pre-deposit, the amount which they have already paid towards or in connection with the impugned demand. Subject to such compliance, the appellant shall be entitled to stay of the balance amount of tax, interest and penalty till disposal of the appeal. - partial stay granted. - Appeal no. ST/85742/14-Mum - Stay Order No. S/1306/2014-WZB/C-I(CSTB) - Dated:- 24-11-2014 - Anil Choudhary and P S Pruthi, JJ. For the Appellant : Mr. Nihal Kothari, Exe. Director, Ms. Prajakta Menezes, CA For the Respondent : Shri K.S.Mishra, Addl. Commissioner (AR) JUDGEMENT Per: Shri Anil Choudhary Heard the parties. 2. The appellant M/s HDFC Bank is a banking com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lmirah, sofa, fire resistant filing cabinet etc., stand was taken that Rule 3 of CENVAT Credit Rules provides for availment of credit by the manufacturer or by the service provider, for the period, input services, including of goods, except the specified exclusion(s) used by the provider of output service and as stated, even if, items of furniture etc. do not technically qualify under Rule 2(a) as capital goods, it definitely qualify as input under Rule 2(k) read with Rule 3 of CENVAT Credit Rules. 3.1 As regards the inputs service being club or association service, the same has been utilized in organizing various meetings like, conference, seminar etc. which are held at various clubs/hotels and also the appellant has to participate in v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice was challenged on the ground of limitation as well. The said show-cause notice was adjudicated vide the impugned order-in-original dated 13.12.2013 confirming the proposed demand with interest and also penalty was imposed for amount equal to tax under Rule 15(3) of CENVAT Credit Rules read with section 78 of the Finance Act, 1994. 4. Being aggrieved, the appellant is in appeal before this Tribunal. The appellant have urged among others that the CENVAT credit availed on input services have been used in providing output service. Further, on the goods purchased like almirah, file cabinet etc. the goods are providing output services, the appellant have availed CENVAT credit and have not claimed any depreciation under the provisions of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds, can be shifted to it being an input, and credit cannot be denied on that ground under Rule 3 of the CENVAT Credit Rules. Further, the input services being availed on output services, the Commissioner has erred in disallowing the same and as such there is prima facie case in favour of the appellant and prays for allowing the stay, till disposal of the appeal. 5. The learned Addl. Commissioner (AR) for the Revenue relies on the impugned order and pleads to put the appellant to terms. The learned AR reads the definition of capital goods as per Rule 2(a) of CENVAT Credit Rules and states that the goods are not classified as capital goods and states that the claim is rightly disallowed. 6. Having considered the rival contentions, we fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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