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2017 (4) TMI 743 - AT - Central ExciseCENVAT credit - common input services were used for manufacturing activity as well as trading activity - case of Revenue is that trading activity is to be considered as an exempted service - Held that: - amendment brought forth by N/N. 3/2011 incorporating trading activity also as an exempted service in the definition of exempted service, does not have retrospective effect. There is no evidence to establish that appellants are guilty of suppression of facts. Audit was conducted every year as pointed out by Counsel for appellant. The issue whether trading can be considered as exempted service or for that matter service was doubtful prior to 01.04.2011. The issue being interpretational, the appellants cannot be saddled with suppression of facts with intent to evade payment of tax - extended period not invoked. Appeal allowed - decided in favor of appellant.
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