2012 (12) TMI 546

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....h sides. 2. The applicant filed this application for waiver of pre-deposit of duty of Rs. 78,08,852/-, interest and penalty. The applicant has already paid an amount of Rs, 9,98,645/- and Rs.3,60,478/-. 3. The demand is confirmed after denying the credit of the service tax paid on the input service, i.e. advertisement. 4. The case of the Revenue is that the applicants are engaged in the m....

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....is also a traded item. In view of this, the demand is not sustainable. The applicants also submitted that as per Explanation I to Rule 6(3d), inserted w.e.f. 1.4.2001, in case of trading, value of exempted service shall be the difference between the sale price and the purchase price of the goods traded. The applicants applied the said principle for working out the value of trading as exempted serv....

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....ue is in respect of quantification of demand. The applicants are not disputing the issue on merits at the stay stage. The assessee is disputing the computation of the demand. The contention of the applicants is that the full value of machinery items which are traded, is taken into consideration whereas as per the provisions of Rule 6 of the Cenvat Credit Rules, the value in case of trading shall b....