2018 (3) TMI 100

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....pondent ORDER The dispute pertains to the confirmation of recovery of demand of Rs. 4,01,224 along with interest thereon and imposition of penalty of like amount under rule 15 of CENVAT Credit Rules, 2004 read with section 11AC of Central Excise Act, 1944. The case against the appellant is that common input services for trading which, with effect from 1^st April 2011 was incorporated as exem....

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....here is a specific exclusion of trading from the scope of taxable activity with its declaration as an exempt service. It is therefore, surprising that the show cause notice imposed liability based on value of gods which were involved in the service. No attempt has been made in the show cause notice to isolate the value of the service on which alone liability under rule 6(3) (i) of CENVAT Credit Ru....