2009 (12) TMI 185

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..... DER M.V. Ravindran, Judicial Member - This stay petition is directed against the waiver of pre-deposit of the service tax amount of Rs. 2,92,47,275; interest thereon and penalty under sections 76, 77 and under rule 15 of Cenvat Credit Rules, 2004. The issue involved is regarding eligibility of Cenvat credit on the service tax paid on various services which were received by the appellants at the r .....

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..... ails which are produced now before the Tribunal were not produced before the adjudicating authority to consider the issue. 4. In counter, the learned Chartered Accountant submits that these evidence were produced before the adjudicating authority, but he failed to consider the same. 5. We find that at this juncture, the appeal itself can be disposed of as the issue lies in a narrow compass. Ac .....

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..... side the impugned order to the extent it confirms the reversal of Cenvat credit of Rs. 2.92 crores and allow the appeal by way of remand to the adjudicating authority for a fresh decision after appreciating the evidence placed before him during the de novo proceedings. The appellant shall be given an opportunity of personal hearing. The stay application and the appeal are disposed of by way of rem .....

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