2013 (10) TMI 863

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....Varun Gaba and Mr. Varun Prabhakar , Advs . For the Respondents : Mr. S Zafar Moonis , Sr. Standing Counsel. ORDER:- C.M.No.13846/2013 Exemption allowed subject to all just exceptions. The application is disposed of. CEAC 41/2013 and C.M.No.13845/2013 Having heard counsel for the parties, we frame the following substantial question of law:-    "Whether the Customs....

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.... of service tax paid on the rent was not available. 4. Contention of the appellant, on the other hand, is that the premises/buildings taken on rent were not exclusively used for sale of vehicles, but were also used for vehicle servicing, repairs etc. which were taxable services. It is stated that one of the tenanted premises in fact was being used exclusively for repairs and servicing of vehicl....

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..... It has been submitted that the appellant had availed of Cenvat credit of Rs.56,60,329/- and in view of the impugned order, the appellant will be required to deposit this amount plus interest @ 13% or 18% as applicable. 7. During the course of hearing, we have noticed the findings recorded by the adjudicating authority in order-in-original wherein in paragraphs 29 and 30 it has been stated:- ....

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....ise (N.T.) dated 01.03.2011 as amended vide Notification No.13.2011 -Central Excise (N.T.) dated 31.3.2011 provides that in order to arrive at the CENVAT credit attributable to the exempted services, the trading income shall be the difference between the sale price and the cost of goods sold (determined as per the generally accepted accounting principles without including the expenses incurred tow....