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2009 (8) TMI 652

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..... hri V. Raja Ram, JDR, for the Respondent. [Order per M.V. Ravindran, Member (J)]. - This application is moved by the applicant for the waiver of the pre-deposit of the following amounts : Service Tax of Rs. 4,75,36,478/- Disallowance of Cenvat credit of Rs. 3,29,32,249/- Service Tax of Rs. 17,85,000/- u/s 73(1) of the Finance Act Penalty of Rs. 17,85,000/- u/s 78 of the Finance Act Penalty o .....

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..... mit that the entire service tax liability on the fiats purchased by the buyers from them amounting to Rs. 4,75,36,478/- has already been discharged by them by paying part amount in cash and part amount through service tax credit which has been taken by them on the services received. It is his submission that the revenue wants to disallow the service tax credit on the ground that applicant is not l .....

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..... he discharge of service tax liability. It is seen from the records that the applicant has discharged service tax liability, although disputed by the revenue being not liable to pay. It is seen that the entire service tax liability has been discharged by the applicant before issuance of show cause notice. As  regard the reversal of cenvat credit taken on the services received as input services .....

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