LARSEN AND TOUBRO LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner before this Court M/s. Larsen & Toubro have approached this Court with a request that the order passed on 19th Jan., 2016 by the Assistant Commissioner, Central Excise, Powai Division, Mumbai-II to the extent that it purports to appropriate part of the rebate against the demand which is stayed by the Appellate Tribunal be set aside.

(2.) Very few facts are necessary to appreciate the arguments of the petitioners counsel. The petitioners, inter alia, export various engineering equipments and machinery. They cleared excisable goods for export on payment of duty of Rs. 1,58,20,843/- on 13th Feb., 2015 and then claimed the rebate. An order-in-original was passed on 25th May, 2012 denying the credit of service tax paid on input service to the extent of Rs. 2,38,57,646/- which, according to the petitioners, is used in providing taxable service.

(3.) Being aggrieved and dissatisfied with this order-in-original, they filed an appeal in the Customs, Excise and Service Tax Appellate Tribunal ("Tribunal") and sought waiver of the condition of pre-deposit to the extent of the Cenvat credit denied, namely, Rs. 2,38,57,646/-.