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M/s. Bharat Heavy Electricals Ltd. Versus Commr. of Service Tax, Kolkata

2016 (2) TMI 314 - CESTAT KOLKATA

Waiver of pre-deposit - Nature / type of payment made by the assessee - whether the amount of ₹ 82,82,956/- has been paid towards their routine service tax liability or reversal of CENVAT Credit towards their liability under Rule 6(3) of CENVAT Credit Rules, 2004 - Commissioner did not accept the said payment as reversal of credit observing that the said e-payment was in discharge of their liability towards service tax in providing taxable service and in their ST-3 Return, they had never b .....

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eposit ₹ 50.00 Lakhs (Rupees Fifty Lakhs) within eight weeks from today and on deposit of the said amount, balance dues adjudged would stand waived and its recovery stayed during the pendency of the appeal. - Stay granted partly. - Stay Application No. ST/S-76275/14 In Service Tax Appeal No.ST/76128/2014 - ORDER NO : SO/76491/2015 - Dated:- 21-12-2015 - DR.D.M. MISRA, JUDICIAL MEMBER AND SHRI H.K. THAKUR, TECHNICAL MEMBER For the Petitioner : Dr. Samir Chakraborty, Advocate & Sri Abhij .....

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that against the said confirmed demand, they have already deposited an amount of ₹ 1.00 Crore(approx..) and also interest of ₹ 16.27 Lakhs and penalty of ₹ 3.72 Lakhs. He submits that the amount deposited should be considered as sufficient to hear their appeal. 3. Ld. A.R. for the Revenue on the other hand, submitted that even though the applicant had claimed that they have reversed/ paid an amount of ₹ 82,82,956/- towards discharge of their liability relating to reversa .....

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age 79 of the Appeal paper book. 4. In his rejoinder, Ld. Sr. Advocate has submitted that on recalculation of the alleged service tax liability shown in the Notice, the same was reduced from ₹ 136.00 crores to ₹ 134.00 crores and they have enclosed a reconciliation statement alongwith their revised service tax return. Therefore, there is no question of double entry in relation to the payment of ₹ 82,82,956/-. 5. Heard both sides and perused the records. Prima facie, the dispute .....

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