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TMI Blog2017 (6) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... facturing 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. - Appeal No. ST/30617/2016 - - - Dated:- 2-5-2017 - Mr. M. V. Ravindran., Member (Judicial) Sh. Venkata Prasad, Consultant for the Appellant Sh. Guna Ranjan, Superintendent (AR) for the Respondent ORDER [ Order Per : M. V. Ravindran ] 1. This appeal is against the Order-in-Appeal No. HYD-SVTAX-000-APP-0019-16-17-ST dated 25.04.2016. 2. Heard both sid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n exempted service from 01.04.2011, prior to that these was clarity and it was not considered as an exempted service. I find that very same issue came before the Hon ble High Court of Madras FL Smidth Pvt. Ltd., wherein, the Lordships framed the following question of law, which I with respect reproduce: 1. Whether in the facts and circumstances of the case, the Tribunal was right in holding that the activity of trading to be considered as exempted service for the period prior to 01.04.2011 even though the same has been identified as an exempted activity only from 01.04.2011? 2. Whether in the facts and circumstances of the case, the Tribunal was right in giving effect to the amendment introduced to the definition of exempted servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n considered by the Adjudicating Authority, Commissioner (Appeals) and the Tribunal and there is a clear finding that the appellant had not disclosed the avaliment of input service credit on commission in respect of trading activities and it came to the knowledge of the Department only on verification of the documents, such as, contract agreements, commission agreements etc. and therefore the plea of limitation was rightly rejected by the Authorities below. Since the issue involved in this appeal is now settled by Hon ble High Court the various case laws cited by Ld. Counsel may not carry their case any further as they are decisions of Tribunal. 7. As regards the penalties imposed, I find that provisions of Section 80 of the Finance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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