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2018 (9) TMI 755 - AT - Service TaxStay on operation of an order - CENVAT Credit - The stay petition reveals that appellant department has a strong case in its favour and unless order-in-original allowing the appeal setting aside the duty demand etc. is stayed, there will be revenue loss to the government - Held that:- It is observed that cenvat credit availed by the respondent/OP was held to be inadmissible and duty demand as made, was confirmed by the first adjudicating authority with ancillary relief but the same was set aside by the Commissioner (Appeals) holding that such finding on invoicing procedure was too technical - It is apparently clear that no such inconvenience would be forthcoming in staying the impugned order appealed against and mere apprehension that respondent may continue such practice in subsequent years to the disadvantage of department has no basis. The stay petition filed on behalf of the appellant department, being devoid of merit, is rejected.
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