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2013 (11) TMI 104 - AT - Service TaxCenvat Credit and Penalty u/s 15(3)/15(4) of the CC Rules, 2004 r.w. Section 78 of the Finance Act - manufacturing activity and providing Business Auxiliary Services – Whether the Applicant are entitled to utilize the Credit availed on inputs, capital goods and input services, while discharging their liability towards the service tax on Business Auxiliary Service – Waiver of Pre-deposit - Held that:- The applicants are having a common account and they have utilized the entire credit against the output services and have not utilised the credit for clearing manufactured products - As per provisions of Cenvat Credit Rules, no where it is specified that if an assessee is engaged in both activities i.e. manufacturing and providing services, the assessee has to maintain separate cenvat credit account of input/output service – Relying upon CCE, Chandigarh vs. Nahar Industrial Enterprises Ltd. [2010 (5) TMI 608 - PUNJAB AND HARYANA HIGH COURT] - Prima facie, the availing of credit or its utilization cannot be denied - the applicants have made out a strong case in their favour – the entire demand of cenvat credit along with interest and penalty granted – Stay granted.
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