2012 (7) TMI 379

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Chartered Accountant   For Respondent : Shri S.K. Mall, AR   Per : Mr. M.V. Ravindaran;   This stay petition is filed for the waiver of pre-deposit of the amount of service tax confirmed by the adjudicating authority and upheld by the first appellate authority as ineligible cenvat credit availed by the appellant with interest and also imposition of penalty under Section 7....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....registration granted to the appellant.   5. Learned Chartered Accountant submits that it is not in dispute that the appellant is an Software Technology Park unit (STP) and exporting the softwares manufactured by them. It is his submission that after getting registration they have availed the cenvat credit and the procedural requirement of invoices on which the service tax has been paid and....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n be said the appellant has not provided or received taxable service as they were not registered with the department. I find that the issue is no more res-integra and the Division Bench of the Tribunal in the case of Well-known Polyesters Limited (supra) squarely settled the issue in favour of the assessee. I, respectfully reproduce the ratio which is recorded by the Division Bench, at Para-5 :- &....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed from the registration do not cease to be a manufacturer of excisable goods. This case squarely covers the issue in this case also. Therefore, in respect of the goods manufactured during the period when the appellant was not registered, credit can be taken subsequently also. This view is further supported by the consistent stand taken by various judicial forums in the case of clandestine removal....