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TMI Blog2016 (6) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... tha Sekhar, Dy. Commr. (A.R.) ORDER Per M. V. Ravindran This appeal is filed by the appellant against Order-in-Original No. 14/ST/Commr./2011 dated 17.03.2011 passed by the Commissioner of Central Excise, Customs & Service Tax, Aurangabad. 2. The issue involved in this case is regarding the demand of differential Service Tax liability from the appellant. The appellant has rendered the services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court in the case of Commissioner of Central Excise & Customs Vs. Precot Meridian Ltd. 2015 (325) ELT 234 (S.C.). 4. Learned Departmental Representative while reiterating the findings of the lower authorities would submit that the exemption notification needs to be read in its entirety and conditions needs to be followed for the availment of such benefit of exemption. He would submit that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the material period. We find that there is also no dispute that the appellant had reversed that entire CENVAT credit so availed before the adjudication order. In our view the reversal made before the adjudication order is as good as non- availment of credit, which is supported by the judgment of Hon'ble Supreme Court in the case of Precot Meridian Ltd. 2015 (325) ELT 234 (S.C.). We reprod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, no such MODVAT credit was ever taken or utilized. Even the earlier MODVAT credit which was utilised was returned or paid back on 10-1-2005. In this scenario, question arose as to whether the assessee fulfills the aforesaid condition in order to become eligible to get the benefit of the Exemption Notification. 3. We note that five-Member Bench of the Tribunal in the case of Franco Italian C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the Hon'ble Apex Court relied upon by the Revenue, we find the judgment of Hon'ble Apex Court in the case of Precot Meridian Ltd. (supra) is directly on the point and recent one. We find that the impugned order is unsustainable and liable to be set aside and we do so. The impugned order is set aside and appeal is allowed with consequential relief if any. ( Operative portion of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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