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TMI Blog2018 (11) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... countant for the Appellant Shri S. Govindarajan, AC (AR) for the Respondent ORDER Per Bench Brief facts are that the appellants are engaged in manufacture of Flat Transmission Belts, Conveyor Belts, Timing Belts etc. They were also engaged in trading of goods. During the verification of accounts, it was noticed that they had availed CENVAT credit on common input services which were consume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. 2. On behalf of the appellant, ld. consultant Shri Gopal Kanakaraj appeared and argued the matter. He submitted that the trading activity of the appellant was very little and they were buying and selling raw materials namely Furan Resins, Curing Agents, Strip Cote etc. which were imported. They were maintaining separate accounts of the traded goods and therefore the demand cannot sustain. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how cause notice has been issued by Audit Circle, the person who has adjudicated is different. Further, Circular No.1053/2/2017-CX dated 10.3.2017 in para 12.2 has stated the Central Excise officers of all ranks in the Audit Commissionerate shall be have powers to adjudicate show cause notices. Thus, we do not find that the adjudication made by the Assistant Commissioner is without jurisdiction. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate accounts with regard to the common input service used for trading and manufacturing activity. For this reason, we find that the demand raised is legal and proper and requires no interference. 5.2 However, we find that the appellant has been maintaining register with regard to the traded goods on the bonafide belief that they are maintaining separate accounts as provided under Rule 6(2) of CEN ..... X X X X Extracts X X X X X X X X Extracts X X X X
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