TMI Blog2014 (10) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... rect. The entire tax has been paid for the normal period. Whether the extended period is invocable or not is required to be considered in greater detail in the light of facts and circumstances, case laws, etc. In view of the above, we are of the view that at this stage, the amount deposited by the appellant is sufficient for the purpose of hearing the appeal - requirement of pre-deposit of balance dues is waived and stay against recovery is granted during the pendency of appeal. - Stay granted. - E/592/2012-DB - Misc. Order No. 20228/2014 - Dated:- 7-2-2014 - Shri B.S.V. Murthy, Member (T) and S.K. Mohanty, Member (J) Shri K.S. Ravishankar and N. Anand, Advocates, for the Appellant. Dr. A.K. Nigam, Addl. Commissioner (AR), for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod is invocable or not is required to be considered in greater detail in the light of facts and circumstances, case laws, etc. In view of the above, we are of the view that at this stage, the amount deposited by the appellant is sufficient for the purpose of hearing the appeal. 3. At this stage, we have to mention that learned AR vehemently opposed the request for waiver of pre-deposit and relied upon the decision of the Tribunal in the case of NITCO Ltd. v. CCE, Raigad [2014-TIOL-173-CESTAT-MUM = 2014 (34) S.T.R. 835 (Tri.-Mum.)]. He read out relevant portion from paragraph 5.1., which is reproduced for better appreciation : 5.1 As regards the Service Tax credit of ₹ 2,42,02,704/- availed by the appellant in respect of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue of Notification No. 3/2011, dated 1-3-2011 uses the word clarifies or it is hereby clarified in many places which would show that the amendment made on 1-4-2011 is clarificatory in nature and therefore has retrospective effect. At this stage we are not convinced that this submission is correct. The clarification is with regard to the notification itself and just because the word clarified has been used in the letter, it cannot mean that the notification has retrospective effect. However, this requires a more detailed examination which can be done at the time of final hearing. 5. In view of the above discussion, the requirement of pre-deposit of balance dues is waived and stay against recovery is granted during the pendency of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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