2014 (1) TMI 1164

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....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 in filing the supplementary appeal is condoned. 3. The a....

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....ntion is that as per the provisions of Rule 6 of the Cenvat Credit Rules, the value for the purpose of sub-rule (3) and (3A) of Rule 6 in case of trading is difference between the sale price and cost of goods sold or 10% of the cost of the goods sold, whichever is more. For stay purposes, the applicant submitted that if 10% of the value of the goods sold is taken into consideration, the demand com....

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...., 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 applicants are not entitled for credit in respect of the trading activity. 7. In reply, the contention of the applicant is that the adjudicating authority in the impugned order applied the provisions of Rule 6 of the ....

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....itted that in view of the provisions of the Cenvat Credit Rules, the applicants are liable to reverse the credit of approximately Rs.45 lakhs. However, the applicants are willing to deposit Rs.50 lakhs for hearing of the appeals. 8. Keeping in view the facts and circumstances of the case and the provisions of Rule 6 of the Cenvat Credit Rules whereby the value in case of trading is different betw....