TMI Blog2018 (7) TMI 1787X X X X Extracts X X X X X X X X Extracts X X X X ..... ting that option was to be availed from 01/04/2011 and that the Adjudicating Authority has accepted the said plea - Held that:- The substantial provision was to reverse attributable Cenvat credit involved in the exempted service. The Original Authority has given a finding on the basis of verification conducted by the Jurisdictional Range Superintendent for the Financial Year 2011-12 that the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r such services. They were also involved in trading of goods. With effect from 01/04/2011 trading was clarified to be exempted service. The respondent informed the Jurisdictional Rang Superintendent of Central Excise and Service Tax through letter dated 20/07/2011 that they were availing option of payment of Cenvat credit attributable to input services and inputs used for provision of exempted ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty decided the said show cause notice through impugned Order-in-Original dated 28/02/2014 wherein the Original Authority observed that the amount under Rule 6(3A) of Cenvat Credit Rules, 2004 are to be paid by reversing from Cenvat credit account by 5th of the following month except for the month of March, when the payment is to be made by 31 st March. He recorded a finding that the respondent de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Cenvat Credit Rules, 2004 by Adjudicating Authority did not appear to be correct since the option was availed by the respondent on 20/07/2011 stating that option was to be availed from 01/04/2011 and that the Adjudicating Authority has accepted the said plea and allowed the benefit to the respondent by permitting the option with effect from 01/04/2011 and contended that the date from which the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e exempted service should be reversed. The Jurisdictional Range Superintendent has verified the same and certified the same. Therefore, appeal filed Revenue is not sustainable. 6. Having considered the rival contentions and on perusal of record, we find that substantial provision was to reverse attributable Cenvat credit involved in the exempted service. The Original Authority has given a findi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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