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TMI Blog2017 (5) TMI 1334X X X X Extracts X X X X X X X X Extracts X X X X ..... ose. Considering the Chartered Accountant's certificate and the fact that earlier, the appellant claimed proportionate reversal of credit on Common Input Service used in trading services, in my opinion, imposition of penalty is not warranted. Appeal disposed off - decided partly in favor of assessee. - E/41, 42/2011, E/10806/2013 - A/10902-10904/2017 - Dated:- 5-5-2017 - Dr D.M. Misra, Member (Judicial) For Applicant : Shri S R Dixit, Advocate For Respondent : Shri N Satwani, Authorised Representative ORDER Per: Dr D.M. Misra, These three appeals are filed against respective OIAs passed by the Commissioner, Central Excise (Appeals), since involve common issue are taken up together for disposal. 2. Brief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9; attributable to trading activity had been reversed, irrespective of its use in the manufacturing activity, confirmed the demand, which is incorrect and untenable in law. He submits that after the impugned order was passed they have carried out a thorough scrutiny of all trading invoices and reversed further proportionate credit of ₹ 32,540/- on the common 'Input Services' used for the trading activity. In support of his contention, the Ld Advocate has placed a Chartered Accountant's certificate dt 3.5.2017 alongwith detailed working of the Service Tax credit availed on trading activities and subsequently reversed. The Ld Advocate submits that availability of Cenvat Credit on common 'Input Services' used both for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit supported by Chartered Accountant's certificate dt 03.5.2017. Considering the fact that before the authorities below they have already claimed about such reversal of credit being not considered, at this stage remanding the case to the Adjudicating Authority for verification of the evidences would not serve the purpose. Therefore, considering the Chartered Accountant's certificate and the fact that earlier, the appellant claimed proportionate reversal of credit on Common 'Input Service' used in trading services, in my opinion, imposition of penalty is not warranted. The impugned orders are modified to this extent and the appeals are disposed off accordingly. (Dictated and pronounced in the open Court) - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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