9911796707
TMI Blog2018 (8) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... “service” because the trading in the cars only involves transfer of property on financial consideration from the appellant dealer to various buyers of automobile cars. The Cenvat Credit facility of input services is only available to the output services rendered by any assessee and thus the Cenvat Credit of input services used in Trading activity is not allowable as per Cenvat Credit Rules, 2004. The appellant are not entitled for Cenvat Credit of common input services taken for trading of cars - Appeal dismissed - decided against appellant. - Appeal No. ST/50756/2015-CU[DB] - ST/A/52711/2018-CU[DB] - Dated:- 17-7-2018 - Shri C.L. Mahar, Member (Technical) And Ms Rachna Gupta, Member (Judicial) Shri Milind Sharma, Advocate for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y an amount of Cenvat Credits in terms of Rule 6 (3a) of Cenvat Credit Rules, 2004. 2. The Ld. Advocate appearing on behalf of the appellant has contended that activity of trading has come to be included as an exempted category service only w.e.f. 01/04/2011 by way of amendment carried out in the Cenvat Credit Rules, 2004 vide Notification No. 13/2011-CE (NT) dated 31 st March, 2011 and therefore the activity of trading has to be considered as an exempted service only after 1 st April, 2011 and Cenvat Credit of input services cannot be demanded prior to 01.04.2011. 3. We have heard both sides. It is a matter of record that the appellant has been engaged in trading of automobile cars along with servicing of the cars and other automob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order of this Tribunal in case of Lally Automobiles Pvt. Ltd. V/s Commissioner of Service Tax, Delhi 2018 (10) GSTL 310 (Tri.-Del). The relevant extract of the judgment are reproduced herein below:- 6. We have heard both the sides and perused appeal records. The admitted facts are that the appellants availed Cenvat credit on input services and they had considerable turnover and income in trading activities. It is also admitted that the services on which credit have been availed are partly relatable to trading activities also. We note that the appellants contested the reversal of credit, to a proportionate extent, on the ground that trading is not an exempted service prior to the insertion of explanation and as such the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
