2010 (5) TMI 350

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....nbsp;   Shri G. Shiva Das, Advocate, for the Appellant. ShriU. Raja Ram, JDR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. - This stay petition is filed by the applicant for waiver of pre-deposit of the following amounts. (1)     Cenvat Credit of Rs. 2,02,00,725/- (2)     Penalty of Rs. 2,02,00,725/- (3) &nbs....

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....cover the same on the ground that M/s. FMGIL is not liable to pay any service tax on the ground that M/s. FMGIL should have availed the benefit of Notification No. 8/05-S.T., dated 1-3-2005. 3. Learned counsel appearing on behalf of the appellant submits that the benefit of Cenvat credit paid on the Service tax by M/s. FMGIL cannot be denied to the appellant as the said Notification No. 8....

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.... draw our attention to the statements of the executive of M/s. FMGIL recorded by authorities. It is his submission that the said executive has clearly stated that the payment of service tax is done in order to liquidate the Cenvat credit which was available with M/s. FMGIL. It is his submission that M/s FMGIL has already been issued a show cause notice as to why the amount which has been paid by t....