Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (5) TMI 208 - CESTAT MUMBAICENVAT credit - trading activity - case of the department is that the sale of the steel sheets to the vendor is a trading activity - Rule 6(3) of the Cenvat Credit Rules, 2004 - Held that: - though this removal of steel sheets is indeed a trading activity, but the said clearances were made on payment of excise duty. Therefore, it cannot be considered as an exempted service - Rule 6 applies on the trading activity only in a case when the goods are purchased and sold without taking credit and without payment of duty. In the present case, the removal of input under Rule 3(5) was made admittedly on payment of duty - there is no application of Rule 6(3) of the CCR 2004 - appeal allowed - decided in favor of appellant.
|