2014 (2) TMI 332

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....Respondent: Mr. Ganesh Haavanur, Additional 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 Acti....

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....said amount of over Rs. 10 crores, in our view, can be counted towards pre-deposit. Both sides 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 th....

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.... the benefit of Notification No. 12/2003 ST is permissible on the facts of this case is itself 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 b....