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2017 (6) TMI 535 - AT - Service TaxReversal of CENVAT credit - common input services used for rendering services which are taxable as well as non taxable - Held that: - the entire case of the appellant is that the trading activity was considered as an exempted service from 01.04.2011, prior to that these was clarity and it was not considered as an exempted service - similar issue decided in the case of M/s. FL Smidth Pvt. Ltd. Versus The Commissioner of Central Excise [2014 (12) TMI 699 - MADRAS HIGH COURT], where it was held that there is no manner of doubt that input service means goods which is used by the manufacturer directly or indirectly in relation to the manufacturing of final product and clearance of final product from the place of removal. Penalties - Held that: - Invoking the provisions of Section 80 in this case is valid as there is a justifiable reason to hold a view that trading activity is not a exempted service at least prior to 01.04.2011 - penalty set aside. Appeal allowed - decided in favor of appellant.
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