2013 (8) TMI 377

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.... ORDER Per: Justice G. Raghuram: Waiver of pre-deposit and stay of recovery of all further proceedings pursuant to the adjudication order dated 30.07.2012 passed by the Commissioner, Central Excise, New Delhi is the relief sought in this application. 2. Proceedings were initiated against the appellant petitioner on the basis of two show cause notices dated 21.10.2011 and 17.01.2012 (in r....

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....llant reiterates contentions which have found disfavour before the adjudication authority, namely that since Rule 2(e) of the Cenvat Credit Rules, 2004 was amended w.e.f. 01.04.2011 by incorporating an explanation whereby trading was clarified to be an exempted service, cenvat credit availed on input services prior to 01.04.2011 cannot be legitimately disallowed. Reliance for the above contention ....

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....n the architecture of the definition of exempted service in Section 2(e) of the Cenvat Credit Rules, 2004 (prior to amendment). Be that as it may. The interpretation of the explanation to Section 2(e) of the Cenvat Credit Rules, 2004 states that the explanation is for the removal of doubts and for clarification. Facially therefore and excluding a contrary intention from the text of the clarificato....

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....y Service and trading activity, the Commissioner disregarded this certificate and proceeded to compute the amount of irregularly availed cenvat credit on the basis of standard accounting principles. Para 30 of the adjudication order sets out the reasons for disregarding the petitioner's assessment of the allocation of the cenvat credit availed between the taxable Business Auxiliary Service; and th....