2014 (2) TMI 332

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....tional Commissioner (AR) ORDER Per: P.G. Chacko; This application of the appellant seeks waiver of pre-deposit and stay of recovery in respect of the adjudged dues which include the following amounts: i. CENVAT credit of CVD paid on spares imported for Warranty Services etc. Rs. 29,88,11,967/- ii. CENVAT credit on account of Trading Activity Rs. 60,97,422/- iii. CENVAT credit after app....

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.... have argued with regard to the balance amount of CENVAT credit of CVD. The learned counsel for the appellant submits that the credit was utilized for payment of service tax on output service and that the benefit of Notification No. 12/2003 ST was not claimed while paying such tax on output service and therefore the utilization of CENVAT credit is unquestionable. Per contra, the learned Commission....

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.... highly debatable and this debate can be had at the final hearing stage. 2. The demands at Sl. No. (ii) and (iii) totaling to nearly Rs. 27 crores has been in the focus of further submissions made before us. In this context, it appears, the appellant can claim support from a Stay Order passed by this bench viz Order No. 1213/2012 dated 17.07.2012 passed by this bench in Appeal No. ST/965/2011 fil....