| SooperKanoon Citation | sooperkanoon.com/45522 |
| Subject | Service Tax |
| Court | Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai |
| Decided On | May-17-2007 |
| Judge | T Anjaneyulu |
| Reported in | (2007)8STR520 |
| Appellant | Cce |
| Respondent | Visaka Industries Ltd. |
Excerpt:
1. heard. the revenue is in appeal against the impugned order which permitted the assessee in payment of service tax out of cenvat credit availed. the department is disputing the same in the present appeal on the ground that cenvat credit can not be adjusted towards payment of service tax. as it stands, the impugned order is in favour of the assessee. the present stay application is not sustainable in view of the fact that the department is under no obligation to make any pre deposit and there is not suitable provision under the central excise act, 1944 for granting stay in favour of the department. therefore, stay application does not lie. list the appeal for regular hearing.
Judgment:
1. Heard. The revenue is in appeal against the impugned order which permitted the assessee in payment of service tax out of cenvat credit availed. The department is disputing the same in the present appeal on the ground that cenvat credit can not be adjusted towards payment of service tax. As it stands, the impugned order is in favour of the assessee. The present stay application is not sustainable in view of the fact that the department is under no obligation to make any pre deposit and there is not suitable provision under the Central Excise Act, 1944 for granting stay in favour of the department. Therefore, stay application does not lie. List the appeal for regular hearing.