2017 (9) TMI 1869

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.... Period involved E/3063/2012 303/2012, dated 8-10-2012 7,14,553/- January, 2010 to April, 2010 E/425/2011 5 & 6/2011, dated 13-1-2011 3,34,869/- 2007-08 and 2008-09 E/426/2011 5 & 6/2011, dated 13-1-2011 10,30,025/- June to September, 2009 E/20038/2015 627/2014-C.E., dated 22-10-2014 4,31,728/- July, 2010 to January, 2011 E/20040/2015 631/2014-C.E., dated 28-10-2014 4,69,261/- February, 2011 to June, 2011 E/22703/2014 246/2014, dated 29-4-2014 11,86,878/- March, 2009 to September, 2010 3. Heard both sides and perused the records. 4. On perusal of records, it transpires that the issue is regarding eligibility to avail entire Cenvat credit on common ....

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....onate reversal of the Cenvat credit attributable to trading activities. It is also the submission that the provisions of Rule 6(5) of the Cenvat Credit Rules be held as retrospectively applicable and the Cenvat credit on the Management Consultancy Services being extended even for the period prior to 1-4-2005. 6. Learned DR submits that judgment of the Hon'ble High Court of Madras in the case of F.L. Smidth Pvt. Ltd. - 2014-TIOL-2186-HC-MAD-CX = 2015 (317) E.L.T. 225 (Mad.) = 2015 (39) S.T.R. 373 (Mad.) is directly on the point and the said judgment clearly holds that the clarification issued on 1-4-2011 by way of inserting explanation in the provisions of Cenvat Credit Rules will be applicable from 1-4-2011. It is his submission tha....

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....e should be arrived based upon the provisions of Rule 6(3A) of the Cenvat Credit Rules, 2004. To that limited extent, the matter is remitted back and the adjudicating authority to quantify the amount and also demand the interest on the same. 7.2 As regards the Cenvat credit of the service tax paid on Management Consultancy Services, it is covered under Section 65(105)(r) of the Finance Act, 1994, I find that the provisions of Rule 6(5) of the Cenvat Credit Rules, 2004 are very clear which needs reproduction : "(5) Notwithstanding anything contained in sub-rules (1), (2) and (3), credit of the whole of service tax paid on taxable service as specified in sub-clauses (g), (p), (q), (r), (v), (w), (za), (zm), (zp), (zy), (....