2024 (10) TMI 1055

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....ah, Advocate, Appeared for the Appellant Shri Tara Prakash, Deputy Commissioner (AR) Appeared for the Respondent ORDER The issue involved in the present case is that (1) Whether the appellant is liable to pay an amount under Rule 6 (3) for not maintaining separate accounts for the exempted services i.e. trading activity for the period 01.04.2007 to 31.03.2011, when the trading activities ....

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....cable for the said period. He further submits that the demand is clearly time barred as concept of exempted service in respect of trading activity was brought only w.e.f. 01.04.2011,whereas the period involved in the present case is 01.04.2007 to 31.03.2011 and the show cause notice was issued on 14.02.2014. Hence, the entire period is time barred. He further submits that the periodical audits hav....

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....edabad. 2022 (3) TMI 696 - CESTAT Ahmedabad • Commr. of C. Ex., Bhopal Vs. MY Car (Bhopal) Pvt. Ltd 2019 (22) G.S.T.L. 273 (Tri. Del) • GD Lab Solutions Pvt. Ltd Vs. CCE & S.T., Vadodara-I 2018 (2) TMI 1238 - CESTAT Ahmedabad • Union of India & Ors. Vs. Martin Lottery Agencies Ltd (2009) 12 SCC 209 3. Shri Tara Prakash, Learned Deputy Commissioner (AR) app....

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....will have prospective effect and cannot have retrospective effect. Secondly, merely by declaring a trading activity as exempted service under a deeming fiction, the same cannot have retrospective effect. Prior to the amendment of Notification No. 13/2011-CE (NT) whereby, the trading activity was made deemed exempted service, there was no clarity even with the department and therefore, the amendmen....