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2013 (12) TMI 205 - AT - Service TaxWaiver of pre deposit - Stay of recovery - Denial of Cenvat credit - Input service credit - Held that:- impugned demand is not supported by any legal provision. In each case, the amount of duty is found to have been estimated on the basis of a formula based on turnover of manufacturing activity and trading activity. It has been assumed that 40% of the Cenvat credit on common input services has been utilized for trading activity. The demand is based on this formula. The DR has not shown us any supporting legal provision. Hence, prima facie, there is substance in the submission of the learned counsel that the demand of duty is bad for want of machinery provision for recovery - Stay granted.
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