Lally Automobiles Pvt. Ltd. vs Commissioner (Adjudication), … on 25 July, 2018

CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE A.K. CHAWLA

MR. JUSTICE S. RAVINDRA BHAT

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1. The following question of law arises in this appeal:

(i) Whether the Customs, Excise and Service Tax Appellate
Tribunal was right in holding that the appellant is not entitled
to set-off or benefit of service tax credit on the entire amount
paid, but on the proportionate amount as substantial part of
business of the appellant was trading and hence exempt?

(ii) Whether the Explanation added to Rule 2(e) of the
Cenvat Credit Rules, 2004 with effect from 1st April, 2011 is
clarificatory in nature or only prospective?

Source: Indian Kanoon

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