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2018 (3) TMI 410 - AT - Central ExciseCENVAT credit - trading activity undertaken by the appellant - demand of 6% of trading activity - Held that: - learned Commissioner (Appeals) failed to understand that there is no trading services, there is only trading activity as per the provisions of Finance Act also, the activity of trading is termed as an exempted service but there is no trading service - appellant has taken cenvat credit and not claimed the refund thereof. Therefore, it would be only a revenue neutral situation, the appellant is not required to pay 6% of the value of trading activity. Extended period of limitation - Held that: - the goods have been exported by the appellant under ARE 1 document and the same was in the knowledge of department - extended period not invocable. Appeal allowed - decided in favor of appellant.
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