9911796707
TMI Blog2023 (3) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... ulated the proportionate credit in respect of common input service attributed to the trading activity and paid the same along with interest. After payment of such proportionate credit, the situation became as if no cenvat credit was taken in respect of common input service attributed to the trading activity as held by the Hon ble Supreme Court in the case of CHANDRAPUR MAGNET WIRES (P) LTD. VERSUS COLLECTOR OF C. EXCISE, NAGPUR [ 1995 (12) TMI 72 - SUPREME COURT ]. In Rule 6(3) from the different options provided to the assessee in addition to 6/7% payment an option for proportionate reversal of the credit is also provided. This tribunal time and again taken a view that whether option is availed in advance or later stage it is prerog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for any of the option before any stage therefore, they are liable to pay 6/7% in terms of Rule 6(3). He submits that the appellant have reversed the cenvat credit in respect of common input service attributed to the exempted service i.e. trading activity and have also paid the interest from the date of taking credit till the date of reversal therefore, as per one of the options provided under Rule 6(3), the appellant cannot be demanded the amount of 6/7% of the value of the exempted service. He placed reliance on the following judgments:- TIARA ADVERTISING VS. UNION OF INDIA- 2019 (10) TMI 27-TELANGANA AND ANDHRA PRADESH HIGH COURT COMMISSIONER OF CENTRAL EXCISE SERVICE TAX, RAJKOT VS. RELIANCE INDUSTRIES LTD.-2020-TIOL-879-HC- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the credit is also provided. This tribunal time and again taken a view that whether option is availed in advance or later stage it is prerogative to the assesse to choose any one of the option. Therefore, merely because the appellant at the relevant time did not opt for any of the option, revenue cannot impose upon the appellant a particular option i.e. payment of 6/7% of the value of the goods/service. On this issue much water has flown as per the various judgments cited by the appellant. Therefore, once it is admitted fact that the appellant have reversed the cenvat credit in respect of common inpout service attributed to the trading activity and also paid the interest thereon at the relevant time, no demand of 6/7% of the value of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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