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TMI Blog2013 (8) TMI 377X X X X Extracts X X X X X X X X Extracts X X X X ..... . Therefore it had to be held that trading activity cannot be called a service and therefore it cannot be considered as an exempted service also – adjudication order sets out the reasons for disregarding the assesse’s assessment of the allocation of the cenvat credit availed between the taxable Business Auxiliary Service. - We prima facie find no serious infirmity in the process adopted by the adjudicating authority for arriving at the quantum of cenvat credit irregularly availed by the petitioner which requires to be disallowed. Extended Period of Limitation – Waiver of Pre-deposit - Whether the extended period of limitation ought to be invoked – Held that:- The matter to be considered at the hearing of the appeal - We therefore conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies equivalent to the cenvat credits disallowed under rule 14 of the Cenvat Credit Rules, 2004. 3. The period in issue is 01.04.2008 to 31.03.2011 covered by the two show cause notices, leading to the common adjudication order. Ld. Counsel for the appellant reiterates contentions which have found disfavour before the adjudication authority, namely that since Rule 2(e) of the Cenvat Credit Rules, 2004 was amended w.e.f. 01.04.2011 by incorporating an explanation whereby trading was clarified to be an exempted service, cenvat credit availed on input services prior to 01.04.2011 cannot be legitimately disallowed. Reliance for the above contention is placed on a decision of a ld. single Member of this Tribunal in Orion Appliances Ltd. vs. CST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within the genus of exempted services as defined in Rule 2(e), prima facie. Another contention on behalf of the petitioner is that instead of computing and quantifying the amount of cenvat credit irregularly availed on the basis of the certificate of the Chartered Accountant furnished to the adjudicating authority, which clearly segregated amounts of cenvat credit attributable to the Business Auxiliary Service and trading activity, the Commissioner disregarded this certificate and proceeded to compute the amount of irregularly availed cenvat credit on the basis of standard accounting principles. Para 30 of the adjudication order sets out the reasons for disregarding the petitioner s assessment of the allocation of the cenvat credit availed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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