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2016 (11) TMI 1336 - AT - Central ExciseRemoval of input as such - Held that - removal of input as such by a manufacturer cannot be treated as trading activity and hence allegations in the show cause notice are not sustainable. Therefore, I reject the appeal. The respondent shall be entitled to consequential relief.
Issues:
1. Allegation of engaging in trading of goods leading to being a provider of exempted service under Cenvat Credit Rules. 2. Dispute regarding clearance of inputs and treatment as trading activity by Revenue. 3. Appeal against the order passed by the Commissioner (Appeals) by the Revenue. Analysis: 1. The Respondent, a manufacturer of LPG Cylinders availing Cenvat Credit, received a Show Cause Notice alleging engagement in trading activities, making them a provider of exempted service. The Notice demanded payment of a specific amount. Respondent contended that they cleared inputs as such, reversing Cenvat Credit availed on them, which Revenue considered as trading. The original authority upheld the demand, but the Commissioner (Appeals) set it aside, allowing the appeal filed by the Respondent. 2. The Revenue appealed to the Tribunal against the Commissioner (Appeals) order. The Revenue's grounds of appeal reiterated contentions from the original order. Respondent argued that clearing inputs as such with reversed Cenvat Credit should not be considered trading. They cited a previous Tribunal order supporting their stance. The Tribunal considered both arguments and held that a manufacturer clearing inputs as such does not engage in trading activity. Thus, the allegations in the Show Cause Notice were deemed unsustainable, and the appeal was rejected in favor of the Respondent. 3. The Tribunal's decision favored the Respondent, emphasizing that removal of inputs by a manufacturer in a certain manner does not amount to trading activity. Consequently, the appeal was dismissed, and the Respondent was granted consequential relief. Cross Objection No. 51546 of 2015 was also disposed of during the proceedings.
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