TMI Blog2012 (7) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... rected to deposit an amount of Rs.50 lakhs. - Pre-deposit of the remaining amount of duty, interest and penalty is waived. - E/370/11-Mum - S/66/12/EB/C-II - Dated:- 23-12-2011 - S S Kang, Sahab Singh, JJ. For Appellant: Shri Gajendra Jain, Adv. For Respondent: Shri V.K.Agarwal, Additional Commissioner Per: S S Kang: The applicants filed this application for waiver of pre-deposit of duty of Rs.2,06 crores, interest and penalty. 2. The applicants are engaged in the manufacture of motor vehicles and parts thereof and also importing motor vehicles in completely built units and selling in India. The applicants are paying service tax in respect of the taxable services received in respect of the activity of manufacturing an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner (Appeals) in the case of Faber Heartkraft Industries Ltd. reported as 2008(12)STR 252 . 5. The applicants also contended that major portion of the demand is time barred as the first show-cause notice was issued on 18.03.2010 demanding duty for the period 2004-2005 and 2008-2009 by invoking extended period of limitation on the ground of suppression. As the activity of applicants is in the knowledge of Revenue hence suppression with intend to evade duty cannot be alleged against applicants. The applicants admitted that the 2 nd show-cause notice is within the normal period of limitation. No financial hardship is pleaded before us. 6. The Revenue submitted that as per the Cenvat Scheme, the assessee is not permitted to take credit in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal in the case of Orion Applicants Ltd. (supra) relied upon by the Revenue held that trading activity is not an exempted service and credit is not admissible on the input services in respect of the trading activity. In view of the above decision, we find that the applicants had not made out a prima facie case for total waiver of the duty. Keeping in view the facts and circumstances of the case, the applicants are directed to deposit an amount of Rs.50 lakhs (Rupees Fifty lakhs only) within a period of eight weeks. On deposit of the above mentioned amount, pre-deposit of the remaining amount of duty, interest and penalty is waived and recovery thereof is stayed during the pendency of the appeal. 10. Compliance report on 06.03.2012. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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