2020 (3) TMI 79

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....uly represented by Mr. A.K. Prasad, Advocate for the Appellant and Mr. P. Juneja, Authorised Representative for the Respondent, we find that the appellant is manufacturing High Chrome Media Balls as also Alloys Steel Casting. Along with their manufacturing activity the appellant has also indulged in trading of various bought out items. As the appellant was availing the Cenvat credit of Service Tax paid on various input services, which were being utilized by the appellant in respect of manufacturing of their final product as also other trading activities, the Revenue entertained a view that inasmuch as the trading activity is an exempted service, the appellant is liable to discharge 5%/6% of the value of the such traded goods. Accordingly, p....

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....he said date onwards only. Reliance stands placed upon the Tribunal's decision in the case of C.C.E., Bhopal v. My Car (Bhopal) Pvt. Ltd. - 2019 (22) G.S.T.L. 273 (Tri. - Del.). 5. It stands held in the said case that the amendment made in April 2011 cannot be held to be retrospective. As such, submits the Learned Advocate that the appellant was under the bona fide belief that the trading activity would not attract any payment of a particular percentage of the value. For the period subsequent to April 2011 he submits that there was absence of any mala fide of the appellant inasmuch as the entire activity was being reflected by them in their books of account and infact the audit has raised the objection based upon books of account an....

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....on a particular value of the final exempted services, it would suffice if the assessee reverses the proportionate credit. 8. After hearing the Learned AR, who reiterated the findings of the lower authorities, we find that though the issue of limitation was raised before Commissioner (A), he has not given any findings on the same, though original adjudicating authority discussed the said issue. He held the applicability to extend the period of limitation by observing that the appellant had not brought the fact of the trading activity to the notice of the Revenue. However, we find that admittedly the appellant was recording the entire activity in their balance sheet which is a proper document. As such according to the settled law, ....