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2014 (2) TMI 383 - CESTAT BANGALOREWaiver of pre-deposit - Stay of recovery - Demand of service tax - Adjustment of excess service tax paid earlier - Held that:- Since there is no dispute that service tax has been paid, the claim for waiver can be accepted - restriction under Rule 6(3) of the CENVAT Credit Rules does not apply to utilization of CENVAT credit availed on capital goods - during the relevant periods, if we take only credit taken on inputs/input services, the availment would not exceed 20% as required under Rule 6(3) of the CENVAT Credit Rules. The excess availment has arisen only because the Department has taken into account the credit availed on capital goods also - appellant has made out a prima facie case in their favour - Stay granted.
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