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TMI Blog2014 (1) TMI 1164X X X X Extracts X X X X X X X X Extracts X X X X ..... s are directed to deposit Rupees fifty lakhs as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted. - E/1794/12, 85262/13-Mum - - - Dated:- 18-2-2013 - Mr. S.S. Kang and Mr. P.K. Jain, JJ. For the Appellant: Mr. Bharat Raichandani, Advocate For the Respondent: Mr. K.L. Goyal, ORDER Per: S.S. Kang Heard both sides. Common issue is involved, therefore the applications are being taken up together. 2. The applicant filed this application for condonation of delay in filing appeal No. E/85262/13. The applicant filed this supplementary appeal in view of the objection raised by the Registry. The main appeal is filed within the normal period of limitation hence the delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit Rules. This plea was taken before the adjudicating authority, however, the adjudicating authority has not taken into consideration while confirming the demand. During arguments, the learned counsel also took us through the figures mentioned in the balance sheet and the figures taken by the Revenue in the show cause notice to show that the total value of traded goods has been taken into consideration while denying credit in respect of input services. 6. The Revenue relied upon the decision of the Tribunal in the case of Loreal India Pvt. Ltd. vs. CCE, Pune-I reported in 2012 (28) STR 443 and Orion Appliances Ltd. vs. CST, Ahmedabad reported in 2010 (19) STR 205 to submit that the trading activity is not a service, therefore the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more, has to be taken into consideration. In the present case, the total sale value of the traded goods has been taken into consideration while confirming the demand and these figures have been taken from the balance sheet. In view of this, we find that the offer made by the applicant is sufficient for hearing of the appeal. The applicants are directed to deposit Rs.50,00,000/- (Rupees fifty lakhs only) within eight weeks. On deposit of the above mentioned amount, the pre-deposit of the remaining dues is waived and recovery of the same is stayed during the pendency of the appeals. Compliance on 30.4.2013. Subject to the compliance, the appeals will be taken up for hearing on 30.4.2013. (Dictated in Court) - - TaxTMI - TMITax - Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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