2024 (6) TMI 907

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....urairaj, Advocate for the Appellant Shri M. Ambe, Authorized Representative for the Respondent ORDER It is the case of the Revenue that the appellant during the course of its activity of manufacture of motor vehicle parts, was also carrying on trading of investments, i.e., investment in shares and therefore CENVAT credit taken on input services which were common to both manufacturing and ....

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....not the case of the taxpayer that it was not involved in the trading activity; it accepts the fact of carrying on the trading activity, but however, does not accept the usage of common input services in its above activity, which is for it to prove. Hence, we cannot accept the claim of the taxpayer that the department having alleged the trading activity of the app, did not adduce any evidence. 4....

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....d have been availed as common input service on the exempted activity at 10% of the purchase price vide OIO No. LTUC/85/2013-ADC dated 29.3.2013. When the taxpayer challenged the said demand of the original authority, the first appellate authority having considered the amendment in the statute, has set aside the above demand raised by the original authority vide OIA N0. 162/2015 dated 1.1.2015. He ....

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....e the burden by disproving the allegations levelled against it, with the help of supporting documents. Therefore, we do not subscribe to the arguments of the taxpayer that the Revenue has not discharged the burden establishing the availing of credit on the common activities as alleged. 7. The first authority has adopted the amended position of law which was very much in the statute as on the da....