2018 (11) TMI 1223

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....Shri Gopal Kanakaraj, Chartered Accountant for the Appellant Shri S. Govindarajan, AC (AR) for the Respondent ORDER Per Bench Brief facts are that the appellants are engaged in manufacture of Flat Transmission Belts, Conveyor Belts, Timing Belts etc. They were also engaged in trading of goods. During the verification of accounts, it was noticed that they had availed CENVAT credit on co....

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....ants are in appeal before this Tribunal. 2. On behalf of the appellant, ld. consultant Shri Gopal Kanakaraj appeared and argued the matter. He submitted that the trading activity of the appellant was very little and they were buying and selling raw materials namely Furan Resins, Curing Agents, Strip Cote etc. which were imported. They were maintaining separate accounts of the traded goods and t....

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.... by violation of natural justice. Though the show cause notice has been issued by Audit Circle, the person who has adjudicated is different. Further, Circular No.1053/2/2017-CX dated 10.3.2017 in para 12.2 has stated the Central Excise officers of all ranks in the Audit Commissionerate shall be have powers to adjudicate show cause notices. Thus, we do not find that the adjudication made by the Ass....

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.... not have a case that they have maintained separate accounts with regard to the common input service used for trading and manufacturing activity. For this reason, we find that the demand raised is legal and proper and requires no interference. 5.2 However, we find that the appellant has been maintaining register with regard to the traded goods on the bonafide belief that they are maintaining se....