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2015 (2) TMI 389 - AT - Service TaxCenvat Credit - Denial of input service credit on the ground that appellant is a output service provider as well as engaged in the activity of trading- Penalty u/s 78 - Held that:- appellant is not entitled to take Cenvat credit of the common services used by them attributable to trading activity. - the appellant is not entitled to take Cenvat credit to the tune of ₹ 17,718/- attributable to trading activity. Further, I find that the appellant were under bonafide belief that prior to 1.4.2011, trading activity was not an exempted services. Therefore, penalty on the appellant is not imposable. In these circumstances, penalty imposed on the appellant is set aside. - Following decision of Orion Appliances Ltd. vs. CST, Ahmedabad [2010 (5) TMI 85 - CESTAT, AHMEDABAD] - Decided partly in favour of assessee.
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