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2016 (10) TMI 40 - AT - Service TaxWhether, during the period 2005-2006 to 2009-2010, trading should be considered as exempted service under Rule 2(e) of the Cenvat Credit Rules, 2004 for the purpose of requirement of Rule 6(3) ibid - Held that:- on perusal of both un-amended and amended provisions of exempted service, it reveals that the activity of trading was not included within the ambit of definition prior to 01.04.2011. In this case, since the dispute is up to the period of 2009-2010, the amended definition of exempted service would not be applicable. Thus, the embargo credit in Rule 6(3) of the Rules does not have any application for taking of cenvat credit on the activities concerning provision of taxable service and trading activity. Hence, denial of cenvat credit by the authorities below, in my opinion, is not in conformity with the statutory mandates. - Decided in favour of appellant
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