2018 (5) TMI 1195 - AT - Central Excise

Extended period of limitation - CENVAT credit - common input services both for manufacturing of dutiable goods and the traded goods - non-maintenance of separate records - Held that - the judgment of the Hon ble High Court of Madras in the case of Ruchika Global Interlinks 2017 (6) TMI 635 - MADRAS HIGH COURT has held justifying the invocation of extended period of limitation on the ground that the assessee has not disclosed the availment of input service credit in respect of trading activities - appeal dismissed - decided against appellant.

Summary

Issues:
Appeal against rejection of appellant's appeal by Commissioner (Appeals) - Availing CENVAT credit on common input services for manufacturing and trading activities - Invocation of extended period of limitation - Whether trading activity constitutes an exempted service - Proportionate reversal of CENVAT credit - Interpretation of retrospective application of amendments to input service definition.

Analysis:
The appeal before the Appellate Tribunal concerned the rejection of the appellant's appeal by the Commissioner (Appeals) against the demand confirmed by the adjudicating authority. The appellants, engaged in manufacturing excisable goods, were utilizing common input services for both manufacturing and trading activities. The issue revolved around whether trading activity constituted an exempted service, leading to the invocation of the extended period of limitation.

The appellant argued that prior to the amendment to the input service definition, trading activity could not be considered an exempted service. They cited various decisions to support their stance. Additionally, they contended that there was no suppression of facts and that the demand was time-barred due to the retrospective application of the amendment.

Conversely, the Assistant Commissioner defended the impugned order, asserting that the extended period was rightly invoked due to alleged suppression of facts by the appellant. They referred to legal precedents supporting the invocation of the extended period based on the utilization of input service credit for trading activities.

After considering the submissions and perusing the records, the Tribunal found merit in the arguments supporting the invocation of the extended period of limitation. Citing relevant decisions, the Tribunal upheld the impugned order, emphasizing the retrospective application of amendments to the input service definition and the necessity for proportionate reversal of CENVAT credit in cases involving trading activities.

In conclusion, the Tribunal dismissed the appeal, aligning with the established legal principles and precedents regarding the treatment of trading activities as exempted services and the corresponding reversal of CENVAT credit. The judgment emphasized the importance of adhering to the rules governing the availing and utilization of credit in cases involving manufacturing and trading operations.