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TMI Blog2013 (10) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... K.S.V.V. Prasad, JC (AR) ORDER Per Mathew John; The applicant operates holiday resorts and renders both taxable and exempted services. There are many input services which are common for both taxable and exempted services. They have opted for reversing credit proportional to the value of the exempted service as per the provisions of Rule 6(3) of CENVAT Credit Rules, 2004. Revenue was of the view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequently the Department confirmed the demand treating such service as taxable service and when the matter came up before the Tribunal, the Tribunal also directed for predeposit on that issue, prima facie, treating the service as taxable service vide Misc. Order No. 40599/2013 dated 5.3.2013. So he submits that the said service should be treated as taxable service for the purpose of granting stay. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value of exempted service and that makes a major difference because if only the margin is taken the value of exempted service will come down substantially. He further submits that an amount of about Rs.1.18 crores has been already reversed by the applicant and according to him this reversal is more than what is required to be reversed if renting of rooms to non-members is treated as taxable servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax -2010 (19) STR 205. He also placed a report dated 23.8.2013 from the jurisdictional Commissioner confirming the amounts reversed. 5. We have considered submissions from both sides. We find that already the applicant has substantially reversed the disputed credit involved which is sufficient for admission of the appeal considering the legal submissions of both sides. Therefore, predeposit of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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