9911796707
TMI Blog2017 (11) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Eligibility to avail CENVAT credit on FRO crates which are not capital goods - Held that: - FRO crates cannot be considered as capital goods, if they are not considered as capital goods, the explanation given by the appellant before the lower authorities that such crates are used by them for movement of their various components which are used for rendering output service as authorised service station can be considered as inputs. Hence availment of CENVAT credit of the Central Excise duty paid on such FRO crates cannot be disputed and the appeal to that extent contesting the findings has merits and is allowed. Availment of CENVAT credit on capital goods without proper documents - Held that: - In the case in hand, appellant is not p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it of balance 50% in the subsequent year; that is the law settled by various decisions of the Tribunal. Hence the confirmation of the demand for availment of wrong CENVAT credit in the first year is erroneous needs to be set aside. At the same time, appellant is required to discharge the interest liability on the excess CENVAT credit availed by him amounting to 50% of the credit which they are entitled to the said year only. To that extent, the impugned order is upheld for the demand of interest and appeal is rejected. 5. As regards the CENVAT credit on FRO crates, the findings of the lower authorities is that FRO crates cannot be considered as capital goods, if they are not considered as capital goods, the explanation given by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .)] Ruchika Global Services, it is held that pre and post 01/04/2011, trading activity has to be considered as an exempted services. Following the binding judgment of Hon ble High Court, while rejecting the contentions raised by the appellants on merits as well as on limitation, it is held that impugned orders are correct on the issue that trading activity is an exempted service, the matter is remitted back to the lower authorities only to requantify the reversal of CENVAT credit that needs to be done by the appellant following the provisions of Rule 6(3A) of the CENVAT Credit Rules, 2004. The adjudicating authority will also quantify the quantum of interest and penalties that needs to be imposed on the appellant based upon requantifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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