2014 (11) TMI 711

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....DER Per: P.K. Das; Heard both sides and perused the records. 2. The applicants are registered with Service Tax authorities under the category 'Banking and other Financial Services'. By the impugned order, the Commissioner of Central Excise disallowed Cenvat Credit of Rs. 4,15,00,019.00 alongwith interest for the period October, 2005 to September, 2010 and imposed penalty. It is seen from ....

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....ed to as agent banks) against payment authorization issued by applicant bank the agent banks recover the amount disbursed along with a small service charge from the applicant-bank. On the service charges, service tax is payable, which the agent banks pay. This type of payments amount the various banks are settled through an organization by name National Payments Corporation of India (NPCI) set up ....

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....t the original duty paying documents were placed before the audit party. On the other hand, it is clearly evident from the adjudication order that the irregular availment of Cenvat credit was detected by the audit party. 5. After considering the submissions by both the sides, we find that the denial of credit on the basis of e-statement of NPCI is covered by the stay order of the Tribunal in th....

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....ating authority. Such a submission cannot be accepted at the stage of stay petition hearing. The Tribunal in the case of M/s. Century Rayon Vs. CCE, Thane-I reported in 2014-TIOL-1165-CESTAT-MUM, held that credit cannot be allowed on the basis of photocopy of invoices. Hence, the applicant failed to make out a strong prima facie case for waiver of pre-deposit on availment of cenvat credit on the b....