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M/s. Lotte India Corporation Ltd Versus Commissioner of Central Excise, Pondicherry

Reversal of CENVAT Credit - Trading of goods - Held that:- Issue relates to demanding proportionate credit on the input service credit availed on the trading of goods. There is no doubt that the appellant is a manufacturing unit availed the credit distributed by their ISD. As regards the objection raised by the ld. Advocate on the jurisdiction of the Commissioner, Pondicherry, for raising demand on the appellant for reversal of credit under Rule 6(5) the Tribunal's decision in the case of Everea .....

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t. - stay granted partly. - E/S/41496/2014, E/41226/2014 - Dated:- 13-3-2015 - R. Periasami, Member (T),J. For the Appellant : Mr S Muthuvenkataraman , Adv For the Respondent : Mr M Rammohan Rao, DC (AR) ORDER Per: R Periasami: The short issue involved in this appeal relates to reversal of cenvat credit of ₹ 21,92,560/- which is equivalent to proportional credit availed on trading of goods. The adjudicating authority confirmed the demand and also imposed equal penalty. 2. The Ld. Advocate .....

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is only recipient. The Commissioner of Central Excise of the appellant has no jurisdiction to issue show cause notice on the admissibility of cenvat credit availed by the ISD distributor. He relied upon Elder Pharmaceuticals Ltd. CCE, Belapur - 2014 (302) ELT 556 (Tri.-Mum.) On the merits, he submits that an explanation was inserted on 11/04/2011 where trading activity was subsequently exempted services. Therefore, for the earlier period to the amendment they are eligible for input service cred .....

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