2015 (2) TMI 785

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....: The applicant filed this application for waiver of predeposit of tax of Rs. 3,07,965/- along with interest and penalty. 2. The brief facts of the case are that the adjudicating authority has confirmed the demand of duty Rs. 3,07,965/- being irregular availment of service tax credit and also imposed penalty of 50% of tax which has been upheld by the Commissioner (Appeals). Appellants are as a L....

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....U during the relevant period, they are eligible to distribute credit as service tax credit distributor to other units. He also submits that even if SEZ unit paid service tax they are eligible for refund. As there is revenue-neutral, there is no loss of Revenue. He relied on following decisions :- (i) V.G.Steel Industry Vs CCE 2011 (271) ELT 508 (P&H) (ii) Sterlite Industries (I) Ltd. Vs CCE Tiru....

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....Vs CCE Belgaum 2013 (32) STR 482 (Tri.-Bang.) (ii) CCE Ahmedabad Vs Cadila Healthcare Ltd. 2013 (30) STR 3 (Guj.) (iii) CCE Nagpur Vs Manikgarh Cement 2010 (20) STR 456 (Bom.) (iv) Oil & Natural Gas Corporation Ltd. Vs CCE Raigad 2013 (31) STR 214 (Tri.-Mumbai) 4. On hearing the submissions of both sides, and on perusal of records, I find that the appellants have paid service tax under reverse....