9911796707
TMI Blog2017 (5) TMI 1293X X X X Extracts X X X X X X X X Extracts X X X X ..... being demanded, was the value of activity other than the activity of clearance of inputs as such after reversal of Cenvat credit as provided under Sub-rule 5 of Rule 3 of CCR, 2004 - removal of input as such by manufacturer after reversal of Cenvat credit cannot be treated as trading activity - appeal allowed - decided in favor of appellant. - E/53251/2014-EX[DB] - FINAL ORDER NO-70354/2017 - Dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeared to revenue that such clearances of inputs as such was trading activity and therefore, for the period from 2007-08 to 2010-11, revenue alleged that the appellants traded the goods having value of ₹ 88,02,67,108/- and therefore they were required to pay an amount of ₹ 5,81,85,399/- under Rule 6 (3) read with Rule 14 of Cenvat Credit Rules, 2004 through show cause notice No. 25/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... what amounted to the trading by the appellant and went on to deliberate on Notification No.03/2011-CE (NT) dated 01.03.2011 effective from 01.04.2011 wherein trading was declared to be a service. The Original Authority nowere established that the value on which amount under the said Rule 6 (3) of Cenvat Credit Rules was taken into consideration was value other than the value of inputs cleared as s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said transaction cannot be called as trading activity. 4. The learned Counsel for appellant have submitted that entire value that was taken into consideration for demand of amount under the said Rule 6 (3) was value of the inputs cleared as such and the clearance of inputs as such was after reversal of Cenvat credit as provided by the Cenvat Credit Rules, 2004 and the said activity canno ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
