2008 (8) TMI 220 - AT - Service Tax

Whether the Applicant is entitled to avail Cenvat credit on Service tax paid on the freight on outward transportation of finished goods - identical issue has been referred to Larger Bench of the Tribunal in the case of India Cements Limited v. CCE Tirupati - in view of that the applicant made out a prima facie case for waiver of pre-deposit of duty and penalty - Stay application is allowed.

Summary

The Applicant sought waiver of pre-deposit of duty and penalty. The issue was about availing Cenvat credit on Service tax paid on freight. The Tribunal granted waiver of pre-deposit of duty and penalty until appeal disposal. Stay application was allowed.