2018 (3) TMI 751

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..... tributed to the trading of goods - Both the SCN were issued in the normal period for the reason that facts were very much disclosed by the appellant and case was made out on that basis only therefore no suppression involved - penalty set aside - appeal allowed. - Appeal No. E/85753/17 - A/92224/2017 - Dated:- 27-10-2017 - MR. Shri Ramesh Nair, Member (Judicial) Shri Rajiv Wagle, Advocate .....

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..... ely held that all the services on which Cenvat credit was availed are admissible input service and credit per say was allowed. However since appellant involved in the trading activity of bought out shoes also the proportionate credit was disallowed attributed to trading goods. This issue is of interpretation of Rule 6 of Cenvat Credit Rules, 2004 therefore there was no malafide intentio .....

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..... avour of appellant except small portion of Cenvat credit which is related to common input service attributed to the trading of goods. Both the show cause notices were issued in the normal period for the reason that facts were very much disclosed by the appellant and case was made out on that basis only therefore no suppression involved. Accordingly, penalty under Section 11AC was u .....

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