2014 (1) TMI 1607

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.... For the Respondent : Mr. V K Agarwal, Addl. Commissioner (AR) PER : S S Kang Heard both the sides. 2. The appellant filed this application for waiver of pre-deposit of the service tax amount of Rs.5,46,82,044/-, interest and penalty. The applicant had already reversed the credit of Rs.1,37,88,388/- in respect of the credit availed on cement and steel TMT bars and other construction mate....

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....The applicants are relying upon the decision in Nirlon Ltd. vs. Commissioner of Service Tax, Mumbai whereby the Tribunal allowed the benefit of waiver of pre-deposit of the dues which were confirmed on the same ground. 5. The Revenue relies upon the stay order dated 24/07/2013 in the case of Galaxy Mercantiles Ltd. Vs. Commissioner of Central Excise, Noida reported in. The contention is that th....

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.... inputs and capital goods are not available to the applicant as the service tax in respect of the construction activity has been paid by the contractor by availing the benefit of the notification on the ground that credit on inputs and capital goods had not been availed, therefore, the credit on inputs and capital goods are not available to the applicant. The contention of the Revenue is that, in ....