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TMI Blog2017 (6) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... Order in Appeal no.15/2013 dated 15/01/2013 whereunder the demand and recovery of Cenvat credit amounting to Rs. 17,13,309/- along with penalties has been dropped. 2. Brief facts are that : i. Respondent, M/s C I Finlease Ltd is a holder of service tax registration for providing services of authorized service station and business auxiliary service. ii. Respondent availed Cenvat credit of servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. v. The appellant failed to maintain separate accounts of Cenvat credit utilized for exempted services (trading activity) and taxable services (authorized service station service). Therefore, department issued a show cause notice for disallowing and recovery of Cenvat credit amounting to Rs. 7,13,309/- pertaining to trading activities of the appellant. vi. This demand was confirmed by Order in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t during the relevant period Cenvat credit for the input services utilized for taxable and exempted services was admissible as per provisions of rule 6(5) of Cenvat Credit Rules, 2004, which was deleted by Notification no.3/2011-CN (NT) dated 01/03/2011 with effect from 01/04/2011. When the period involved is from 2005-06 to 2009-10, there cannot be liability of reversal of Cenvat credit against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d category but that trading is an exempted service was clarified by an amendment to the Act only with effect from 01.04.2011. Further, several of the services in respect of which the credit is sought to be denied were those covered under sub-Rule (5) of Rule 6 of CENVAT Credit Rules. In these circumstances, the appellants have been able to make out a case that the extended period is not invokable. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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