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TMI Blog2013 (11) TMI 289X X X X Extracts X X X X X X X X Extracts X X X X ..... en considered on the ground that the applicant failed to produce the evidences - With regard to the balance credit of Rs.67.00 lakhs, there was force in the argument of the Advocate that the entire amount of cenvat credit cannot be attributable towards their trading activities only in absence of evidences when they carry out both manufacturing and trading activities - the offer made by the Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hem on the ground that during the period December, 2007 to March, 2010, they have availed cenvat credit on various input services and utilized the same towards their trading activities. The ld. Advocate submits that the aforesaid demand is erroneous, inasmuch as from the said demand Rs.3.30 Crores pertains to cenvat credit availed by them on the service tax paid under Section 66A of the Finance Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.00 lakhs applying the ratio of trading to manufacture of goods. 3. Per contra, the ld. A.R., appearing for the Revenue, has submitted that the applicant has failed to produce the evidences before the ld. Adjudicating Authority even though they have made various submissions in their reply to the show-cause notice. 4. Heard both sides and perused the records. Prima-facie, we find that the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facturing and trading activities. In these circumstances, we find that the offer made by the ld. Advocate to deposit an amount of Rs.10.00 lakhs, is sufficient at this stage to hear their appeal. Consequently, we direct the applicant to deposit Rs.10.00 lakhs (Rupees ten lakhs only) within a period of six weeks from today and report compliance on 28.08.2013. On deposit of the said amount, the bala ..... X X X X Extracts X X X X X X X X Extracts X X X X
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