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TMI Blog2010 (6) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... filed for the waiver of pre-deposit of the following amounts:- (i) Input Service Tax credit of ₹ 4,70,938/- (ii) Interest on the above amount u/s 11AB of the CE Act, 1944 (iii) Penalty of ₹ 10,000/- 2. After hearing both sides for some time on the stay petition, I find that the issue involved in this case is in a narrow compass and hence, after allowing the application for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of the credit taken being ineligible, it was adjudged that the same has to be demanded, consequent interest and penalties was also imposed and on an appeal, the learned Commissioner (Appeals) has upheld the same. 4. The learned Counsel appearing on behalf of the appellant submits that in the appellant's own case, the Division Bench of this Tribunal, as reported in 2009 (14) STR 316(T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lectrical Pvt. Ltd. vs. CCE, Pune - 2010 (18) STR 177(Tri.-Mumbai) has taken a contrary view, as against the view taken by the bench in the Manikgarh Cement Works. He would also submit that the in the case of M/s. ISMT Ltd. vs. CCEandC, Aurangabad, the Mumbai Bench has taken a view following the decision of Semco Electrical Pvt. Ltd. (supra). He would submit that the Maruti Suzuki decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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