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2015 (2) TMI 1017 - AT - Service TaxWaiver of pre deposit - Commercial or Industrial Construction Service - Held that:- On perusal of Notification No.32/2007 (ST) dated 22.5.2007, which stipulates that no CENVAT credit be availed on the inputs and if the credit is availed, then it should be restricted at 40% subject to service tax at the rate of 4.12% being paid on the total invoice value of the service after availment of said CENVAT credit on the inputs. The learned counsel contested the adjudication order that this option came by Notification No.1/2011-ST (supra). However, we find some force in the submission of the learned counsel on the ground of limitation. Prima facie, we find there is a dispute regarding the eligibility of the benefit of Notification No.32/2007-ST. At this stage, the learned counsel submits that they have already paid a sum of ₹ 38,23,115/- out of which ₹ 33,39,585/- has been appropriated by the adjudicating authority. We find that the amount paid by the applicant is sufficient for the purpose of waiver of predeposit of balance dues. Accordingly, waiver of predeposit of balance dues is granted and recovery thereof is stayed during the pendency of the appeal - Stay granted.
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