2021 (3) TMI 793

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....erred to as 'the Tribunal' for short). The appeal was admitted by a Bench of this Court vide order dated 27.09.2018 on the following substantial questions of law: 1) Whether on the facts and in the circumstances of the case, the CESTAT was right in holding that the activity of trading is to be considered as exempted service for the period prior to 01.04.2011 even though the same has been identified as an exempted activity only from 01.04.2011? 2) Whether on the facts and in the circumstances of the case, the CESTAT was right in holding that the credit taken on input service is liable to be reversed even though there is no specific method of computation of value during the disputed period?   3) Whether on the facts and in ....

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....put services used for traded goods was sought to be denied as the same is neither dutiable goods nor in the nature of taxable output service which are eligible for credit. The appellant filed a reply to the aforesaid notice. It was held by the adjudicating Authority that the appellant is not entitled to credit of input services used for trading as the same is neither dutiable goods nor in the nature of taxable output service which are eligible for credit. 3. The appellant thereupon filed an appeal before the Commissioner (Appeals). The first Appellate Authority, by an order dated 07.03.2013, dismissed the appeal preferred by the appellant. Thereupon, the appellant filed an appeal before the second Appellate Authority under the Act, namely ....

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...., has to record the findings. In other words, the Tribunal exercising the statutory power under the Act is required to apply its mind and record the findings. In any case, if the Tribunal relies on a particular decision, it is duty bound to examine, by assigning reasons, as to how the ratio of the aforesaid decision applies to the fact situation of the case. At this stage, we deem it appropriate to reproduce para-6 of the order passed by the Tribunal:   "6. After considering the submission of both the parties and perusal of record and the judgment of Hon'ble High Court of Madras cited supra, I am of the considered view that the issue is squarely covered in favour of the Revenue by the judgment of the Hon'ble Madras High Court....