TMI Blog2014 (7) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Excise Act, 1944, we waive the requirement of predeposit of the balance amount of service tax, interest and penalty and stay recovery thereof during pendency of the appeal - Stay granted. - ST/184/2012 - MISC ORDER No.40501/2014 - Dated:- 18-3-2014 - Shri P.K. Das and Shri Rakesh Kumar, JJ. For the Appellant : Shri R. Raghavan, Advocate For the Respondent : Shri Parmod Kumar, JC (AR) ORDER Per P.K. Das; 1. The applicants registered with Service Tax department for providing services under the categories such as On-line information and Database access/retrieval, Internet Cafe, Leased Circuit services etc. The applicants are providing taxable service as well as exempted services. Cenvat credit was denied on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one SBU (Strategic Business Unit). He also relied upon Board's clarification in Circular No.943/4/2011-CX dt. 29.4.2011 in Sl.No.7 of the Table annexed in the said circular. It has been clarified that credit of common inputs and input services could be availed subject to restriction of utilization of credit upto 20% of the total duty liability as provided for in extant Rules and this circular has been upheld in the case of Orion Appliances ltd. Vs CST Ahmedabad - 2010 (19) STR 205 (Tri.-Ahmd.). 4. After hearing both sides and on perusal of records, we find from the adjudication order that the applicant had not maintained separate accounts for trading activity and other services activities. In view of that, the adjudicating authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e other hand, learned A.R submitted that as per Rule 6 (3A) (b) (iii), the applicants are required to reverse the whole of the credit taken by them on input services during the impugned period. Therefore, they may be asked to make predeposit of the entire amount of the demand. 4. Considering the submissions of both sides, at this stage, prima facie, we are of the view that when the applicants are maintaining separate accounts for the input services attributable to taxable services and non-taxable services and for the common input services, they have reversed the amount attributable to non-taxable services, which is sufficient in compliance to the provisions of Section 35F of the Central Excise Act, 1944, we waive the requirement of prede ..... X X X X Extracts X X X X X X X X Extracts X X X X
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