2014 (10) TMI 644

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....r. A.K. Nigam, Addl. Commissioner (AR), for the Respondent. ORDER The issue involved is whether the appellant is required to reverse the Cenvat credit of CVD taken on import of goods. There is no dispute on the fact that appellants manufactured dutiable goods and as well as undertakes trading activity of imported cars. In the impugned order, the entire amount of input Service Tax credit of Rs. 7....

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....has been indicated. On going through the table, we find that the table shows the total value of manufactured goods, total value of exempted goods and total value of traded goods and proportion worked out, in our opinion, on a prima facie basis, is correct. The entire tax has been paid for the normal period. Whether the extended period is invocable or not is required to be considered in greater det....

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....rading activity. Prior to 2011, trading was not considered as service at all, therefore, the appellant could not have taken credit pertaining to the trading activities ab initio. .......... Further he also submits that according to Rule 3(1) of CCR, no credit could have been taken in respect of the trading activity at all. He also relies on the relevant provisions of the rule. 4. We have co....

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....llant was not engaged in the manufacture at all or the credit which has been denied was attributable to trading activity. The learned AR also submitted that in the letter issued by TRU after issue of Notification No. 3/2011, dated 1-3-2011 uses the word 'clarifies' or 'it is hereby clarified' in many places which would show that the amendment made on 1-4-2011 is clarificatory in nature and therefo....