2013 (11) TMI 104

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.... SHRI S.CHAKRABORTY, A.R. ( ASSTT. COMMR.) ORDER Per Dr. D. M. Misra; This is an Application seeking waiver of CENVAT Credit of Rs.1,32,21,226/- and equal amount of penalty imposed under Section 15(3)/15(4) of the CENVAT Credit Rules, 2004 read with Section 78 of the Finance Act, 1994. 2. At the outset, ld. Consultant for the Applicant submitted that during the period from October, 200....

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....eir utilizing the CENVAT Credit in discharging the liability towards the excise duty and/or Service Tax. Also, he has referred to the judgment of this Tribunal in the case of Instrumentation Ltd. vs. CCE, Jaipur reported in 2011(23) STR 79(Tri.-Del.) and judgment of the Hon'ble Punjab & Haryana High Court in the case of CCE, Chandigarh vs. Nahar Industrial Enterprises Ltd. reported in 2012(25) STR....

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....and input services, while discharging their liability towards the service tax on Business Auxiliary Service. The ld. Commissioner has held in the impugned Order that the Applicant are maintaining a common pool account, wherein the CENVAT Credit against inputs, capital goods and input services have been availed. It is the view of the Revenue that credit availed on inputs, capital goods, cannot be u....