JUBILANT ORGANOSYS LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) COMMON issue is involved in both these applications, therefore, both the applications are taken up together for disposal. Heard both sides and perused the records.

(2.) THE issue involved is whether excess amount of service tax deposited by the applicant could be eligible for adjustment against the service tax liability of the subsequent month is permissible in the Finance Act, 1994 and Rules thereunder. Tax was demanded for the period 1 -3 -06 to September, 2006, October, 2006 to March, 2007. The adjudicating authority confirmed the demand of tax which has been upheld by the Commissioner (Appeals).

(3.) STAY applications are allowed.