TMI Blog2013 (12) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... turnover of manufacturing activity and trading activity. It has been assumed that 40% of the Cenvat credit on common input services has been utilized for trading activity. The demand is based on this formula. The DR has not shown us any supporting legal provision. Hence, prima facie, there is substance in the submission of the learned counsel that the demand of duty is bad for want of machinery p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lephone services, management consultancy services, renting of immovable property and professional services were used in relation to both manufacturing of goods and trading of goods. It is submitted that the appellant, during the material period, manufactured excisable goods and also carried on trading in identical goods and that the said services were used in relation to both the activities. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Rule 2(e) of the Cenvat Credit Rules, 2004, which is to the effect that, for purposes of the definition of exempted services , trading activity also would be deemed to be exempted service. This submission aims at eligibility of the appellant for availing Cenvat credit on common input services. In respect of one of the appeals, learned counsel has also pleaded time-bar against a part of the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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