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2014 (2) TMI 904

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....r the Respondent: Mr. R.K. Singla, Commissioner (AR) ORDER Per: P. G. Chacko; This application filed by the appellant seeks waiver and stay in respect of the following amounts: (a) Rs.49,00,82,011/- demanded for the period from August 2006 to March 2011 in terms of Rule 6(3) of the CENVAT Credit Rules, 2004. (b) Equal amount of penalty imposed on the appellant. 2. From the record....

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....d order proceed on the premise that the appellant, having not maintained separate accounts, are liable to pay appropriate amount to the Government in terms of Rule 6(3) of the CCR, 2004, which is, in turn, based on the premise that the transaction between the appellant and the dealers is an 'exempted service'. In other words, the entire demand is based on the premise that the trading activity invo....

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.... of the exempted goods and the provider of output service shall pay an amount equal to six per cent of value of the exempted services; or (ii) ................ (4) ................ (5) ................ (6) ................ He submits that, even if it be assumed that the above provision is applicable to the aforesaid facts of the case, the quantification of demand by the adjudicating....