9911796707
TMI Blog2009 (6) TMI 893X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. ORDER This stay petition is directed against the waiver of the pre-deposit of the amount of Rs. 44,73,932/- (Rupees Forty-four lakh seventy-three thousand nine hundred and thirty-two only) and equivalent penalty. 2. Heard both sides and perused the records. 3. The confirmation of the demand has arisen on the ground that the appellant has availed the Cenvat credit on the invoices of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant submits that the Board's Circular No. 97/7/2007-S.T., dated 23-8-2007 will squarely cover the issue in favour of the appellant more specifically Para 2.3 of the said circular. 5. On a careful consideration of the issue, we find that the Board's Circular dated 23-8-2007 clearly speaks about the service tax credit to be distributed by "Input Service Distributor." Para 2.3 of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 69 of the Act, read with Notification No. 26/2005-S.T.) to take a separate registration. 5.1 It can be seen from the above reproduced portion of the circular that only two conditions are to be met and in this case those conditions do not apply. In view of this, we find that the applicant had made out a prima facie case for the waiver of the pre-deposit of the amounts involved in the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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