2017 (11) TMI 939 - AT - Central Excise

Tribunal allows cenvat credit for trading activity pre-2011, rejects Revenue's claim. No penalty imposed.

Vardhman Stamping Pvt Ltd Versus CCE & ST – Ahmedabad-III

Vardhman Stamping Pvt Ltd Versus CCE & ST – Ahmedabad-III - TMI Issues:1. Denial of cenvat credit attributable to trading activity and demand of 6% of the value of trading activity.2. Entitlement to avail cenvat credit on common input services for the period before 1.4.2011.3. Invocability of the extended period of limitation.Analysis:1. The appellant appealed against an order denying cenvat credit related to trading activity and demanding 6% of the trading value. The appellant availed credit on common services for both manufacturing and trading activities. The issue was whether the appellant could avail credit for trading activity. The appellant argued against the denial on three grounds. The Revenue supported the impugned order. The Tribunal found no nexus between trading and manufacturing activities, resolving this issue.2. The next issue was whether the appellant could avail cenvat credit on common input services before 1.4.2011 while engaging in trading and manufacturing. The Tribunal referred to Notification No. 03/2011-CE (NT) and a previous case to determine that trading was not an exempted service before 1.4.2011. Thus, the appellant was not required to reverse cenvat credit or pay 6% of traded goods' value for this period, setting aside the demand.3. The final issue was the invocability of the extended period of limitation. The Revenue claimed suppression of facts, but the Tribunal found no positive evidence supporting this. Citing a previous case, the Tribunal held that the extended period was not invokable. The calculation of demand was found incorrect, leading to a remand for proper quantification within the limitation period. As the extended limitation period was not applicable, no penalty was imposed on the appellant, and the appeal was disposed of accordingly.