TMI Blog2012 (12) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... s the applicants has not taken credit of common input service attributable to trading activity they covered under Rule 6(1) of CENVAT Credit Rules, 2004 and the provisions of Rule 6(2) of CENVAT Credit Rules, 2004 are not applicable. Therefore, they are not liable to pay 10%/5% of the value of the traded goods - applicant has made out a case for 100% waiver of pre-deposit. - E/635/12 - S/1519/12/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds were procured from co-manufacturers and sometimes they manufactured themselves. As there are two types of activities i.e manufacturing and trading activities. 4. The applicants are maintaining accounts for inputs which are used in the manufacturing units, there is no dispute. But for inputs service credit, the applicant has adopted the following method for availment of credit: (a) Input ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they are liable to pay an amount @10%/5% as duty on their clearances of goods in trading activity. 6. A show-cause notice was issued on 07.10.2011 for the demands pertaining to September 2006 to August 2010 by invoking extended period of limitation. The matter was adjudicated and converted into the impugned demands. Aggrieved by the said order, the applicant is before us. 7. The Ld. Counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. AR strongly opposed the contention of the Ld. Counsel. He submits that the applicant is dealing in manufacturing and trading activity. Therefore, inputs service which are common and they are not maintaining separate account for common inputs service for the trading activity as well as manufacturing activities, they have violated the Rule 6(2) of the CENVAT Credit Rules, 2004 and in view of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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