TMI Blog2017 (9) TMI 1869X X X X Extracts X X X X X X X X Extracts X X X X ..... he said ratio, it is held that the trading activities undertaken by the appellant during the period in question has to be treated as an exempted services - Since it is undisputed that appellant is manufacturer of excisable goods and is discharging appropriate central excise duty, the proportionate Cenvat credit attributable to the trading activity needs to be reversed and the same should be arrived based upon the provisions of Rule 6(3A) of the Cenvat Credit Rules, 2004. CENVAT Credit - input services - Management Consultancy Services - HELD THAT:- The said sub-rule starts with a non obstante clause, which would mean that this sub-rule has to be read independently and it provides for availment entire Cenvat credit even if the same is use ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 2008-09 E/426/2011 5 6/2011, dated 13-1-2011 10,30,025/- June to September, 2009 E/20038/2015 627/2014-C.E., dated 22-10-2014 4,31,728/- July, 2010 to January, 2011 E/20040/2015 631/2014-C.E., dated 28-10-2014 4,69,261/- February, 2011 to June, 2011 E/22703/2014 246/2014, dated 29-4-2014 11,86,878/- March, 2009 to September, 2010 3. Heard both sides and perused the records. 4. On perusal of records, it transpires that the issue is regarding eligibi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit and there need not be any proportionate reversal of the Cenvat credit attributable to trading activities. It is also the submission that the provisions of Rule 6(5) of the Cenvat Credit Rules be held as retrospectively applicable and the Cenvat credit on the Management Consultancy Services being extended even for the period prior to 1-4-2005. 6. Learned DR submits that judgment of the Hon ble High Court of Madras in the case of F.L. Smidth Pvt. Ltd. - 2014-TIOL-2186-HC-MAD-CX = 2015 (317) E.L.T. 225 (Mad.) = 2015 (39) S.T.R. 373 (Mad.) is directly on the point and the said judgment clearly holds that the clarification issued on 1-4-2011 by way of inserting explanation in the provisions of Cenvat Credit Rules will be applicable from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon the provisions of Rule 6(3A) of the Cenvat Credit Rules, 2004. To that limited extent, the matter is remitted back and the adjudicating authority to quantify the amount and also demand the interest on the same. 7.2 As regards the Cenvat credit of the service tax paid on Management Consultancy Services, it is covered under Section 65(105)(r) of the Finance Act, 1994, I find that the provisions of Rule 6(5) of the Cenvat Credit Rules, 2004 are very clear which needs reproduction : (5) Notwithstanding anything contained in sub-rules (1), (2) and (3), credit of the whole of service tax paid on taxable service as specified in sub-clauses (g), (p), (q), (r), (v), (w), (za), (zm), (zp), (zy), (zzd), (zzg), (zzh), (zzi), (zzk), (zzq) and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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