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2017 (11) TMI 1449 - AT - Central ExciseCENVAT credit - Trading activities - Rule 3 and Rule 9(6) of Cenvat Credit Rules, 2004 - Held that: - legal fiction given in the Explanation in order to remove doubts was introduced on 1.4.2011. Even if it is considered that trading is not an exempted service, it is also a fact that it cannot be considered as a service within the scope of Finance Act, 1994 during the material time. Even in such situation, the appellants cannot take credit on input services, which are utilised for trading activity. As trading is neither a service nor an exempted service during the material time, the appellants are not covered by the Cenvat Credit Scheme with reference to such activity. Extended period of limitation - Held that: - The input services, on which credit was availed by the appellant, were consumed for trading activities and such credit could not have been availed or taken for discharging service tax on the services provided by the assessee - there is no scope for any interpretational misconceptional on this aspect - extended period rightly invoked. Appeal dismissed - decided against appellant.
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