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2014 (7) TMI 117 - CESTAT MUMBAIWaiver of pre-deposit - CENVAT Credit - reversal of credit with interest whether amount to non availment of credit - Non maintenance of records - Held that:- Rule 6 of the Cenvat Credit Rules has been amended retrospectively in 2002 vide Finance Act, 2011 and the Tribunal in the case of Jost's Engineer cited [2013 (8) TMI 463 - CESTAT MUMBAI] relied upon by the applicants held that reversal of credit by the assessee on the entire input service credit taken alongwith interest amounts to non availament of credit therefore the provisions of Rule 6 (3) of Cenvat Credit Rules are not attracted. In view of the above decision, prima facie the applicants have made out a strong case for waiver of pre-deposit on merits. Pre-deposit of the dues is therefore waived and recovery thereof stayed for hearing of the appeal - Stay granted.
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