2011 (2) TMI 306

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..... f Rs.1,32,33,287/ along with interest and equivalent amount of penalty, were demanded from the applicants. 2. The facts of the case are that the applicants are manufacturer as well as service provider. During the course of business activities, the applicants are procuring both input and input services. While procuring, input or input services, the applicants are paying duty/service tax. The appli .....

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..... ing the credit availed by them and demands were confirmed along with interest and penalty. Aggrieved by the said order, the applicants are before us. 3. The learned Advocate for the applicants submits that the applicants are having a common cenvat credit account for inputs and input services for their activities of providing services/manufacturing. He further submitted that in Cenvat Credit Rules .....

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..... applicants are having a common account and they have utilized the entire credit against the output services and have not utilised the credit for clearing manufactured products. As per provisions of Cenvat Credit Rules, no where it is specified that if an assessee is engaged in both activities i.e. manufacturing and providing services, the assessee has to maintain separate cenvat credit account of .....

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