TMI Blog2014 (1) TMI 1607X X X X Extracts X X X X X X X X Extracts X X X X ..... services used for construction of Mall - Held that:- in respect of the service, ‘commercial or industrial construction service' the service tax has been paid by availing the benefit of notification which provides exemption up to 66% on the ground that credit in respect of the duty paid on inputs and capital goods is not availed. In view of this fact, we find that applicant is not entitled to take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re-deposit of the service tax amount of Rs.5,46,82,044/-, interest and penalty. The applicant had already reversed the credit of Rs.1,37,88,388/- in respect of the credit availed on cement and steel TMT bars and other construction materials. 3. The brief facts of the case are that the applicant constructed a shopping mall and availed the credit in respect of the service tax paid on capital goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the dues which were confirmed on the same ground. 5. The Revenue relies upon the stay order dated 24/07/2013 in the case of Galaxy Mercantiles Ltd. Vs. Commissioner of Central Excise, Noida reported in. The contention is that the Tribunal directed the assessee, which is similarly situated, to pre-deposit 35% of the CENVAT Credit attributable to inputs and capital goods alone. The Revenue also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... benefit of the notification on the ground that credit on inputs and capital goods had not been availed, therefore, the credit on inputs and capital goods are not available to the applicant. The contention of the Revenue is that, in view of the decision of the Tribunal in the case of Galaxy Mercantile Ltd. the applicant are liable to pay 35% of the credit availed on the capital goods. 6. In the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ardship as pleaded by the applicant, respectfully following the decision of the Tribunal in the case of Galaxy Mercantiles Ltd., the applicants are directed to deposit an amount of 35% of the credit availed on the capital goods, which comes to Rs.79 lakhs in addition to the amount already deposited, within a period of eight weeks. On such deposit, pre-deposit of the balance of dues shall remain wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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