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2017 (12) TMI 1310 - AT - Service TaxExtended period of limitation - reversal of CENVAT credit - common input services for providing taxable service as well as exempted service (Trading of goods) - non-maintenance of separate records - Rule 6 (2) and Rules 6(3) of the CCR, 2004 - Held that: - Whether the activity of trading should fall under the category of exempted service, was highly contentious. The activity of trading was brought into the preview of exempted service in Section 66 D of the Finance Act, 1994 as amended by Finance Act, 2012. Thus, in such eventuality, allegation of suppression, mis-statement etc. cannot be leveled against the appellant for invocation of the extended period of limitation for issuance of the SCN - the appellant is a registered assessee under the Service Tax statute and had complied with the statutory provisions, including filing returns. Thus, it cannot be said that the appellant had contravened any of the provisions of the statute. SCN issued in this case by invoking the extended period of limitation is clearly barred by limitation of time - appeal allowed - decided in favor of appellant.
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