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M/s MAGNUM VENTURES LTD Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, GHAZIABAD

2015 (12) TMI 276 - CESTAT NEW DELHI

Waiver of pre deposit - appellant had not paid 6%/8% of the value of the exempted service while they had taken Cenvat credit without maintaining of separate accounts of input service credit in respect of taxable as well as exempted output services - .....

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of the Finance Act because Section 66 of the Finance Act levied service tax on taxable services enumerated in Section 65 (105) and as the valuation provisions in Section 67 only provided mechanism for valuation of taxable services the levy of service .....

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of the amount of Cenvat credit taken towards so-called "non-taxable output service" along with proportionate interest would meet the requirement of Section 35F of Central Excise Act, 1944. - Partial stay granted. - No. ST/Stay/60044/2013, ST/59407/20 .....

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-original dated 28.5.2013 confirming demand of ₹ 1,64,00,749/- (along with interest and penalty) for the period 2010-2011 under Rule 6(3)(i) / Rule 14 of Cenvat Credit Rules and Section 73(1) of the Finance Act 1994 on the ground that the appel .....

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that: (i) Total service tax credit taken by them was 33,47,302/- and proportionate Cenvat credit relating to non-taxable services was ₹ 20,34,189/-and; (ii) In a similar case earlier against a demand of about ₹ 90 lakhs stay was granted .....

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were not even taxable during the period 2010-2011 and therefore those cannot be treated to be exempted service and hence impugned demand @ 6% / 8% of the value thereof is unsustainable. 3. The ld. DR, on the other hand contended that in the wake of B .....

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have considered the contentions of both sides. We have perused the CESTAT order dated 20.11.2012 (supra) ordering pre-deposit of ₹ 15 lakhs in case involving similar demand of about ₹ 90 lakhs but are unable to draw any guidance therefrom .....

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ces" on which no service tax was leviable under Section 66 of the Finance Act because Section 66 of the Finance Act levied service tax on taxable services enumerated in Section 65 (105) and as the valuation provisions in Section 67 only provided .....

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