2016 (2) TMI 314

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.... For the Petitioner : Dr. Samir Chakraborty, Advocate & Sri Abhijit Biswas, Advocate For The Respondent : Sri S.S. Chatterjee, Supdt. (A.R.) ORDER PER DR.D.M. MISRA This is an application seeking waiver of pre-deposit of service tax of Rs. 10.73 Crores and equal amount of penalty imposed under Rule 15 (3) of CENVAT Credit Rules, 2004. 2. Ld. Sr. Advocate Dr. Samir Chakraborty has....

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....T Credit Rules, 2004, but the said amount was also shown in their original ST-3 Returns as well as in the revised ST-3 Returns, towards payment of their routine Service Tax liability for the respective period. In support, he has taken us through the original relevant portion of service Tax Return enclosed at page 54 and revised service tax return enclosed at page 79 of the Appeal paper book. 4.....

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.... that the amount of Rs. 82,82,956/- was shown as proportionate cenvat credit used in providing exempted services. It is claimed by the appellant that the said amount was paid in cash on 31/03/2012 and they have referred to an e-receipt of challan No. 36572 dt. 31.03.2012 , enclosed at page 310 of the Appeal Paper book. Ld. Commissioner did not accept the said payment as reversal of credit observin....