2008 (11) TMI 591

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..... Coimbatore seek waiver of pre-deposit and stay of recovery of Rs. 21,253/- being inadmissible credit of Cenvat credit demanded from them and a penalty of Rs. 5,000/- imposed on them by the lower authorities. The appellants had taken credit of service tax paid during the period 1-6-2006 to 31-3-2007 under the head Annual Maintenance Charges in respect of a Windmill owned by it and located away from .....

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..... he stay application, ld. Counsel for the appellants submits that the apex Court, in its judgment in Vikram Cement v. CCE, Indore [2006 (194) E.L.T. 3 (S.C.)], had held that credit of duty paid on explosives (inputs) used in the captive mine of the appellants therein was admissible as Cenvat credit. He further submits that the impugned credit was legitimately available to the assessee. 3. Ld. JDR .....

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