2015 (10) TMI 289

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....anufacture of various telecommunication equipments falling under Chapter 85 of CETA, 1985. A show cause notice was issued to them for recovery of CENVAT Credit amounting to Rs. 3,67,37,879/- alleging violation various provision of CENVAT Credit Rules,2004 during the period April, 2006 to June, 2009. In nutshell, it is alleged that the appellant had taken credit on input services used in or in relation to trading of goods, hence not admissible to CENVAT Credit. On adjudication, the demand was confirmed with interest and equal amount of penalty was imposed. Aggrieved by the said order, the appellant are in appeal. 3. Ld. Chartered Accountant Sri Siddharth Jain for the appellant submits that the Ld. Commissioner has not considered their submi....

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....isfy the Commissioner on the eligibility of CENVAT Credit. 4. Ld. A.R. for the Revenue reiterated the findings of the Ld. Commissioner. He has submitted that the evidences now the appellant placed before the Tribunal were not before the Ld. Commissioner, hence the order was passed without considering the evidences. He has no objection in remanding the case. 5. Heard both sides and perused the records. We find that on the major portion of the demand the Ld. Commissioner has proceeded on the premise that the appellant are engaged in trading of the goods and they have wrongly availed CENVAT Credit on input services used in carrying out the trading activities. The claim of the appellant on the other hand is that the softwares down loaded from....