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2014 (6) TMI 314 - AT - Service TaxCenvat credit of service tax - renting of immovable services - cenvat credit on input services used in the construction of immovable property - Held that:- prima facie assessee is entitled to the Cenvat credit of service tax paid on input services used in the construction of immovable property. Regarding duty demand - adjudicating authority has confirmed the demand based upon the bills raised by them instead of quantifying the same on the amount received by them. If the rent amount received is taken into consideration, the total duty liability would come to Rs.24,94,797/-. Out of the said demand, they have deposited Rs.8,36,521/- from their Cenvat credit account and Rs.4,94,245/- by cash. The same stands informed to the jurisdictional Supdt. under the cover of letter dated 18.10.2013. As regards the balance amount, he submits that their tenant had approached the Hon’ble Delhi High Court and subsequently Hon’ble Supreme Court and in terms of the interim order passed by the Hon’ble Supreme Court 50% of the service tax, required to be deposited. The same stands deposited by their tenant. As such, he submits that no more dues are required to be deposited in respect of the said demand - stay granted.
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