2013 (11) TMI 289

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....kraborty, Asstt.Commr. (A.R.) ORDER Per Dr. D. M. Misra : This is an application for waiver of predeposit of cenvat credit of Rs.3.98 Crores and equal amount of penalty imposed under Rule 15(2) of the Cenvat Credit Rules, 2004. 2. The Ld. Advocate appearing for the applicant, has submitted that the demand has been confirmed against them on the ground that during the period December, 20....

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....nt of Rs.67.00 lakhs, the ld. Advocate has submitted that the amount of cenvat credit availed against other services cannot entirely be attributable towards the trading activities as the trading activity is around 20% against the manufacturing activity which is 80% of the total turnover. However, he has made an offer to deposit an amount of Rs.10.00 lakhs applying the ratio of trading to manufactu....

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....e has not been considered on the ground that the applicant failed to produce the evidences. With regard to the balance credit of Rs.67.00 lakhs, we find force in the argument of the ld. 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. In these circumst....