2010 (6) TMI 758

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.... for the Respondent ORDER M.V. Ravindran (Oral): This stay petition is filed for the waiver of pre-deposit of the following amounts:- (i) Input Service Tax credit of Rs. 4,70,938/- (ii) Interest on the above amount u/s 11AB of the CE Act, 1944 (iii) Penalty of Rs. 10,000/- 2. After hearing both sides for some time on the stay petition, I find that the issue involved in this ca....

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....le, as this is a welfare measure. Coming to such a conclusion, that the amount of the credit taken being ineligible, it was adjudged that the same has to be demanded, consequent interest and penalties was also imposed and on an appeal, the learned Commissioner (Appeals) has upheld the same. 4. The learned Counsel appearing on behalf of the appellant submits that in the appellant's own case,....

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....sel submits that the co-ordinate bench of Mumbai, in the case of Semco Electrical Pvt. Ltd. vs. CCE, Pune - 2010 (18) STR 177(Tri.-Mumbai) has taken a contrary view, as against the view taken by the bench in the Manikgarh Cement Works. He would also submit that the in the case of M/s. ISMT Ltd. vs. CCEandC, Aurangabad, the Mumbai Bench has taken a view following the decision of Semco Electrical Pv....