TMI Blog2014 (12) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... e categories of exempted and taxable services - Held that:- Cenvat credit is required to be restricted only up to 20% of the credit taken by the appellant. Only dispute is whether C.B.E. & C. circular will have retrospective effect or not. Vide C.B.E. & C. Circular dated 9-5-2008, it has been clarified that export of services without payment of Service Tax should not be treated as an exempted serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (T) Shri R. Viswanathan, AR, for the Appellant. Shri K.J. Kinariwala, AR, for the Respondent. ORDER This appeal has been filed by the appellant against Order-in-Appeal No. PJ/608/VDR-II/2012-13, dated 25-3-2013. The issue involved in the present appeal is whether the Cenvat credit is required to be utilized up to 20% under Rule 6(3)(ii) of Cenvat Credit Rules, 2004 when the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not applicable to the period prior to 9-5-2008. For this purpose, he relied upon the judgment of Hon ble Supreme Court in the case of Suchitra Components Ltd. v. CCE, Guntur - 2007 (208) E.L.T. 321 (S.C.) = 2008 (11) S.T.R. 430 (S.C.). 3. Shri K.J. Kinariwala, (AR) appearing on behalf of the Revenue defended the orders passed by first appellate authority. 4. Heard both sides and perused th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spective. In view of the above law laid down by Hon ble Supreme Court, it has to be held that the Circular dated 9-5-2008 will be applicable to the past period also, and appellant was rightly entitled to the Cenvat credit. 5. In view of the above, after allowing the stay application, the appeal of the appellant itself is taken up for disposal. Accordingly, as per the settled position explained ..... X X X X Extracts X X X X X X X X Extracts X X X X
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