2018 (4) TMI 463

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....ppellant Shri Dharmadhikari, Advocate for respondent M/s Kilitch Drugs (India) Pvt Ltd, a manufacturer of medicaments, were also trading in goods and, from the records, the trading turnover was Rs. 260,97,76,695 out of total turnover of Rs. 273,44,65,377 between 2007-08 and 2011-12. It is alleged that, while they had reversed CENVAT credit on inputs that had been cleared as such, the credit ....

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....reof properly and, instead, accorded undue weightage to rule 3(5) of CENVAT Credit Rules, 2004. In doing so, according to Revenue, numerous decisions of High Courts and of the Tribunal had been disregarded in the impugned order. 3. Learned Authorized representative places reliance on the decision of the Tribunal in Orion Appliances Ltd v. Commissioner of Service Tax, Ahmedabad [2010 (19) STR 20....

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....ufactured goods or of inputs as such. Clearance of inputs as such is an acknowledged activity under CENVAT Credit Rules, 2004. The demand pertains to the period from 2007-08 to December 2012 and it was only with effect from the 1 April 2011 that it was explicitly clarified that trading was an exempted service. It is the case of Revenue, by placing reliance on the decision in re Orion Appliances Lt....