2015 (1) TMI 728

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.... (AR) JUDGEMENT Per: Ashok Jindal: The applicant is seeking waiver of pre-deposit of Service Tax of Rs. 2,26,72,415/- along with interest and various penalties under the Finance Act, 1994. The service tax demand has been confirmed under the category of erection, commissioning and installation services. The Cenvat Credit on capital goods have also been denied to the applicants. 2. The b....

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....imed depreciation as well as taken Cenvat credit on these capital goods. The contention of the applicant is that admittedly they have taken the depreciation on these capital goods but they have filed the revised Income Tax Return withdrawing depreciation claim and revised return have been accepted and assessed by the Income Tax Officer. Therefore they are entitled for Cenvat Credit on these capita....

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....d by the Ld. Consultant for the applicant as demand pertains to the period 2008-2009 and show cause notice was issued without invoking the period of limitation on 10.8.2012. It is further submitted that in the show cause notice there is no allegation of suppression of fact. Therefore extended period of limitation is not invokable. In these set of facts the applicant is seeking waiver of pre-deposi....