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TMI Blog2008 (5) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... prima facie case to justify full waiver of pre-deposit - ST/246/2008 - ST/194/2008-(PB), - Dated:- 30-5-2008 - Justice S.N. Jha, President and Shri Rakesh Kumar, Member (T) Shri Ravi Raghavan, Advocate, for the Appellant. Shri A.P.S. Suri, JCDR, for the Respondent. [Order per : Justice S.N. Jha, President]. - Dispute in this appeal relates to utilization of service tax credit as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) of the Service Tax Credit Rules. In any view, according to the appellant, if the entire period under dispute (May 2003 to August 2004) is taken into account, there was no utilization of service tax credit in excess of 35%. It is also the case of the appellant that there being no suppression of facts, misstatement etc., the extended period of limitation could not be applied and, therefore, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant relied on a decision of the Tribunal Vijayanand Roadlines Ltd. v. CCE - 2007 (7) S.T.R. 219, wherein it was observed as under: "A careful reading of the above provisions show that when the service provider does not maintain a separate accounts of input service for taxable and non-taxable output service, there is a restriction on utilization of the credit. As per the above rule, the ut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... done mostly by utilization of credit. In the month of March 2004, a part of the liability was paid by PLA and another part of utilization of credit. In other words, the total tax paid from December 2003 to March 2004 by utilizing the credit comes to Rs. 4,94,494/-. This is actually equal to 35% of their liability from May 2003 to March 2004. There is no rule which says that the credit accumulated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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