9911796707
TMI Blog2014 (1) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... e 6(3A) - Trading activities came to be christened as exempted services for purposes of Rule 6(3) as late as in 2011 - The legal fiction was created only for purposes of Rule 6(3) - Prima facie, it has nothing to do with Rule 6(1) - CENVAT credit was taken on input services which were used in trading activities, and utilized it for payment of duty on their excisable products - As trading activitie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch 2011). Towards the said demand, an amount of Rs. 2,74,122/- was paid and the same was appropriated by the original authority. On the amount so paid, the appellant also paid interest of Rs. 1,29,221/- which was also appropriated by the adjudicating authority. The present application seeks waiver and stay in respect of the balance amount demanded towards inadmissible CENVAT credit and interest th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he trading activities were exempted services and hence no CENVAT credit could have been taken on input services used in the trading activities. Thus, the demand raised in the show-cause notice was a demand in terms of Rule 6(1) and not anything under Rule 6(3A). Nobody has a case that any taxable service was involved in the trading activities. Trading activities came to be christened as exempted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 2,74,122/- has already been paid. The appellant is therefore directed to predeposit the balance amount [rounded off to Rs. 2,00,000/- (rupees two lakhs only) for the present purpose] within six weeks and report compliance to the Dy. Registrar on 03/05/2013. Dy. Registrar to report to the Bench on 10/05/2013. The payment of interest of Rs. 1,29,221/- can be accepted as predeposit towards the dem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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