M/S MICRO INKS LTD. Vs. CCE VAPI

JUDGEMENT

(1.) THIS Stay Petition is filed for waiver of pre -deposit of CENVAT Credit of Rs.4,61,178/ - with interest and equal amount of penalty. The above said amounts have been confirmed by adjudicating authority and upheld by first appellate authority on the ground that the appellant has availed ineligible CENVAT Credit of the Service Tax paid by them to clearing house agents for export of the goods.

(2.) AFTER hearing both sides for some time on the matter, we find that the issue is in a narrow compass, we allow the Stay Petition and take up the appeal for disposal.

(3.) IT is undisputed that the CENVAT Credit has been taken for the period from May 2008 to March 2010, on the ground that the said CENVAT Credit has been taken on the Service Tax paid on the services rendered by CHA to the appellant for export of the goods. We find that the issue is no more res integra, as in various decisions of the Tribunal mentioned below, a view has been taken that such credit needs to be allowed.