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TMI Blog2013 (11) TMI 1459X X X X Extracts X X X X X X X X Extracts X X X X ..... ER Per Dr. D. M. Misra; These two Application are filed seeking waiver of predeposit of CENVAT Credit of Rs.5.97 crore and equal amount of penalty (Appeal No.E/A/313/11); CENVAT Credit of Rs.53.17 lakh and penalties of Rs.2,000/- and Rs.33,66,275/- (Appeal No.E/A/920/11). 2. Ld. Advocate for the Applicants has submitted that their Manufacturing Unit is situated at NH-2, Delhi Road, Kolkata, Dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f their Kolkata Office at District: Hooghly(WB). In support, he has referred to the judgment of the Tribunal in the case of Endurance Technologies P. Ltd. vs. CCE, Aurangabad, 2012(27) STR 320 (Tri.- Mumbai). 3. Ld. AR for the Revenue submitted that the Applicants Head Office is situated in Delhi. They have their manufacturing units at different places spreading all over India, including Kolkata ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acility. Hence, it is difficult to extend the CENVAT Credit benefit to them. 4. In his rejoinder, ld. Advocate for the Applicant has submitted that they have made a categorical submission before the Commissioner that all these input services had been used in or in relation to the manufacture of the finished goods and/or business activity relating to their factory at Kolkata, District: Hooghly. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find that the burden lies on the Assessee to maintain proper records and in the present case, prima facie, the Applicant have failed to discharge the said burden. At this stage, it is difficult to ascertain whether these services on which the Applicant had claimed the CENVAT Credit, had been used in or in relation to the manufacture of their finished goods at their factory as the services receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E/A/313/11) and 10% of CENVAT Credit of Rs.53.17 lakh (Appeal No.E/A/920/11), within a period of eight weeks from today and report compliance on 05.12.2013. On deposit of the said amounts, the balance dues adjudged in both the cases, would stand waived and its recovery stayed during pendency of the Appeals. Failure to deposit the said amounts would result into dismissal of the Appeals without furt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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