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2021 (6) TMI 835 - AT - Service TaxCENVAT Credit - trading of service (exempted service) - Rule 6(3) of the CENVAT Credit Rules, 2004 - period from April, 2008 to March, 2009 and April, 2010 to March, 2011 - Time Limitation - HELD THAT:- It is not in dispute that the appellants are providing taxable services as well as engaged in trading activity during the relevant period. Also, it is not in dispute that common input services were used in providing taxable services and the trading activity. The appellants have been meticulously reversing the proportionate credit attributable to the trading activity. However, the Department has demanded 6%/8% of the value of the trading activity considering the same as an exempted service. This Tribunal in similar facts and circumstances in TRENT HYPERMARKET LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, PUNE-III [2019 (6) TMI 1327 - CESTAT MUMBAI] observed that invoking extended period of limitation in such circumstances is unwarranted. Appeal allowed - decided in favor of appellant.
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