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2008 (11) TMI 591

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....K. Mohiddin, JDR, for the Respondent. ORDER M/s. Rangammal Steels & Malleables, Coimbatore seek waiver of pre-deposit and stay of recovery of Rs. 21,253/- being inadmissible credit of Cenvat credit demanded from them and a penalty of Rs. 5,000/- imposed on them by the lower authorities. The appellants had taken credit of service tax paid during the period 1-6-2006 to 31-3-2007 under the head....

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....extended to the assessee if it uses a generating set within the factory. 2. Moving the stay application, ld. Counsel for the appellants submits that the apex Court, in its judgment in Vikram Cement v. CCE, Indore [2006 (194) E.L.T. 3 (S.C.)], had held that credit of duty paid on explosives (inputs) used in the captive mine of the appellants therein was admissible as Cenvat credit. He further su....