9911796707
TMI Blog2017 (9) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... SMV)" and "Business Auxiliary Services (BAS)", holder of STC No. AABCT1954QST001. They were engaged sales and service of 'Hyundai' brand cars, and processing of car loans and insurance for commission. During an audit intervention, it was observed that they avail cenvat credit on input services which are commonly consumed for rendering both taxable (SMV, BAS) and exempted (trading) service, and maintained no separate account of the input services used for both. It was viewed that since the appellant did not discharge the obligation prescribed under Rule 6(3)(i) of the CCR 2004, they are required to reverse proportionate credit of input services attributable to trading activity, as prescribed under Rule 6(3A)(c)(III), in terms of Rule 6(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their periodical ST3; and that the invocation of extended period and imposition of penalty was justified in terms of the rulings cited at Para 27 and 28 of the impugned order. 4. Aggrieved by the said order appeals were preferred. The first appellate authority did not agree with the contentions raised and rejected the appeals. 5. Learned counsel appearing on behalf of appellants took me through the entire case records and submits that prior to 01.04.2011 trading activity was considered as not an exempted service hence entire credit in eligible; subsequent to 01.04.2011 situation is different. Since the period involved in this case is prior to 01.04.2011 he would stick to the arguments made by him. 6. Learned DR submits that Hon'ble H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... January, 2004 and the remaining value of the goods to the tune of Rs. 36.04 crores were supplied by procuring them from outside. In otherwords, the value of goods at Rs. 36.04 crores was traded from a third party source and supplied to Dallmia Cement (B) Ltd. and not manufactured by the appellant in their unit. M/s. Adhunik Corporation, Calcutta had received sales commission of Rs. 2.00 crores from the appellant for procuring the above mentioned contract valued at Rs. 41.45 crores. M/s. Adhunik Corporation had paid service tax of Rs. 20,18,000/- and the appellant took credit of the said service tax paid. 8. If this definition is understood in a proper manner, it will only reveal that input service means service used by the appellant - manu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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