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2024 (4) TMI 559 - AT - Service TaxReversal of CENVAT Credit - exempted service rendered as trading activity - whether the option exercised by the appellant by intimating to the Department under Rule 6(3A) dated 24.05.2011 and 02.05.2012 is legal and valid? - HELD THAT:- It is found that in the various cases, the issue for consideration was whether the demand can be sustained even when the appellant has not complied with the requirement of intimating the Department about availing the option under Rule 6(3A) of the CCR, 2004. In all the decisions, the appellant has reversed the credit attributable to the exempted services and it has been held by the Tribunal consistently that the said requirement is only a procedural requirement and the demand cannot be confirmed for such procedural lapse. Further, in the present case, the appellant is on a better footing because he has exercised the option by submitting intimation letters under Rule 6(3A) dated 24.05.2011 and 02.05.2012, but the Department has not considered the option exercised by the appellant simply on the ground that the option cannot be operative retrospectively from 01.04.2011 and 01.04.2012 respectively. The impugned order is not sustainable - Appeal allowed.
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