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2015 (1) TMI 349 - AT - Service TaxStay application - Denial of CENVAT Credit - Held that:- Amount of ₹ 35 crore also includes an amount of ₹ 8.24 crore for the period April 2004 to March 2006 on Steel & Cement where an amount of ₹ 2 Crore deposited through Challan, ₹ 3.74 crore through Bank Guarantee and ₹ 2.5 Crore was kept as CENVAT Credit earmarked as per Gujarat High Court’s order. Remaining amounts pertain to input services and inputs, for which CENVAT Credit was either allowed by this bench, as per Mundra Port & Special Economic Zone Ltd Vs CCE Rajkot (2008 (9) TMI 117 - CESTAT AHEMDABAD). The admissibility of CENVAT Credit taken on various input services, inputs and capital goods needs to be examined in detail especially in the light of favourable judicial pronouncements brought to the notice of the bench. CENVAT Credit with respect to inputs (other than cement and steel), input services and capital goods is approx. ₹ 150 crore out of total demand of ₹ 185 crore, which prima facie appears to be either permissible or admissibility is arguable. Ld.A.R. fairly submitted that in the absence of documentary evidences furnished by the appellant it was not possible for the adjudicating authority to bifurcate between admissible and in-admissible CENVAT Credit on inputs, capital goods and services availed by the appellant - Stay granted.
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