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2013 (11) TMI 1255 - CESTAT KOLKATARecovery of CENVAT Credit - Special Additional Duty of Customs - reversal of cenvat credit shown in the revised return which was filed belated - Held that:- The claim of the Applicant is that they had already reversed the said wrong Credit along with the interest and reflected in the revised return filed with the Department. Prima facie, we find that the ld. Commissioner though did not dispute about the said reversal of the CENVAT Credit wrongly availed by the Applicant, but rejected the payment on the ground that since in the original return, there was no reversal or withdrawal of CENVAT Credit, the subsequent reversal in the revised return which was filed beyond the stipulated period, could not be accepted. Prima facie, we do not find any substance in the said observation made by the ld. Commissioner. In these circumstances, as the reversal of CENVAT Credit has not been in dispute, we find that the Applicant could able to make out a prima facie case for waiver of predeposit of the dues adjudged. Accordingly, the pre-deposit of the dues adjudged is waived and its recovery stayed during pendency of the Appeal - Stay granted.
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