2017 (11) TMI 157

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....r the Appellant Shri N. Jagdish, Superintendent(AR) - For the Respondent ORDER These two appeals are disposed of by a common order as the issue is of the same nature.  These appeals are filed against Order-in-Appeal No. 661-662-2014-ST dated 27/11/2014. 2.   Heard both sides and perused records. 3.   In appeal No.ST/21309/2015, the issue that falls for consi....

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.... Tribunal.  Hence the confirmation of the demand for availment of wrong CENVAT credit in the first year is erroneous needs to be set aside.  At the same time, appellant is required to discharge the interest liability on the excess CENVAT credit availed by him amounting to 50% of the credit which they are entitled to the said year only.  To that extent, the impugned order is upheld f....

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....ified under Rule 9 of the CENVAT Credit Rules, 2004, it is noticed that the learned counsel was correct in bringing out the facts that there is no finding on this point by the first appellate authority as well as in the Order-in-Original as both the authorities have confirmed the demand of Rs. 55,360/- holding that the appellant has availed wrongly the credit of 100% in the first year itself.&nbsp....

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....Hon'ble High Court, while rejecting the contentions raised by the appellants on merits as well as on limitation, it is held that impugned orders are correct on the issue that trading activity is an exempted service, the matter is remitted back to the lower authorities only to requantify the reversal of CENVAT credit that needs to be done by the appellant following the provisions of Rule 6(3A) of t....