9911796707
TMI Blog2015 (10) TMI 1797X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent : Mr. N. Jagdish, A.R. ORDER Per B.S.V. MURTHY Issue involved is eligibility of the appellants for Cenvat credit on common input services specified under Rule 6 (5) of the Cenvat Credit Rules, 2004 when they have engaged in trading activity as well as manufacturing activity. Out of the total demand of Rs. 1,21,10,496/-, the appellants have reversed Cenvat credit of Rs. 6,07,375/-. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In this decision, the Commissioner (Appeals) has held that input services which used are in common for manufacture of final products and for trading, does not lead to a situation requiring reversal of Cenvat credit attributable to trading activity. The Commissioner has taken a view that trading activity is not equitable with exempted goods or exempted service. 3. Learned A.R. submitted that in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat an officer at the level of Commissioner in the department could take a view that credit is admissible, it would be difficult to take a view that such availment of Cenvat credit by the assessee has to be held as wrong availment with intention to evade payment of service tax. In view of above discussions, requirement of pre-deposit is waived treating the amount already deposited as sufficient fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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