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2012 (12) TMI 551 - AT - Central ExciseWaiver of pre-deposit – appellant-company, registered as input service distributor, was distributing input services to various manufacturing units of theirs during the material period - they were also engaging themselves in a trading activity - Held that:- It is not the case of the department that any duty or tax was payable on the trading activity - entire credit was utilized for payment of duty of excise on the dutiable final products - manufacturing units were lawfully utilizing the entire credit for payment of duty on the dutiable final products. Trading activity was not one of the taxable services under Section 65 of the Finance Act 1994 and, therefore, there was no question of payment of service tax on that activity by the manufacturing units of the company - manufacturing units could not have been expected to maintain separate accounts. The show-cause notices appear to disclose self-contradictory stand of the revenue with reference to the fact of this case - appellant also seems to have a good case on limitation against the impugned demands - in favor of assessee
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