2012 (6) TMI 634

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....y, Adv. For Respondent: Shri Sanjay Kalra, Appraiser (AR) Per: P R Chandrasekharan: The appeal and stay application are directed against order-in-original No. 20/2011 dated 29th April, 2011 passed by the Commissioner of Central Excise, Aurangabad Commissionerate. 2. The appellant M/s Marathwada Engineers Pvt. Ltd. are engaged in Commercial and Industrial Construction Services and avail....

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....0, the appellant availed CENVAT credit on input services in respect of both the taxable services as well as exempted services but did not maintain separate records and, accordingly, a show-cause notice was issued proposing recovery of an amount of Rs.47,02,358/- calculated at the rate of 8% of the value of exempted services for 2008-09 and at the rate of 6% of the value of exempted services for 20....

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....d equivalent amount of penalty under Rule 15 of CENVAT Credit Rules read with Section 78 of the Finance Act, 1994. He further imposed a penalty at the rate of 2% of the amount of Service Tax of Rs.11,14,303/-under Section 76 of the Finance Act and also confirmed the demand of interest on the CENVAT credit wrongly availed. Hence the appellant is before us. 3. The learned Counsel for the appellan....

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....it Rules, the appellant can take only 20% of the service tax paid on the input services and, therefore, the appellant has availed excess CENVAT credit. However, Rule 6 (5) reads as follows:- "5. Notwithstanding anything contained in sub-rules (1), (2) and (3), credit of the whole of service tax paid on taxable service as specified in sub-clause (g), (p), (q)/ (r), (v), (w), (za), (zm), (zp), (z....