9911796707
TMI Blog2018 (5) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent (AR) For the Respondent ORDER The present appeal is directed against the impugned order dated 21.03.2016 whereby the Commissioner (Appeals) has modified the Order-in-Original. Briefly the facts of the present case are that the appellants are engaged in the manufacture of MS Ingots, MS Bars and they have availed cenvat credit on input, input services and capital goods under the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the provisions of Rule 6(3) (i) of Cenvat Credit Rules, 2004 along with penalties under Rule 15(1) of the Cenvat Credit Rules. 2. Heard both the parties and perused the records. 3. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same has been passed without properly appreciating the provisions of Rule 3(5) of Cenva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Cenvat Credit Rules 2004 specifically provides for clearance of inputs as such on reversal of credit originally availed and there is no condition appended to Rule 3(5) to reverse the credit availed on -input services at the time of clearance of inputs as such. He further submitted that this issue has been squarely decided in favour of the assessee by various decisions relied upon by him which a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and therefore, activity is covered by Rule 3(5) of Cenvat Credit Rules and therefore they are not required to follow the procedure as prescribed under Rule 6 against clearances of some of the inputs as such does not amount to trading and the Revenue has also not been able to establish that appellant is a trader and is engaged in trading activities. The ratios of the above said decision squ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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