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M/S Micro Labs Ltd vs The Commissioner on 23 November, 2016 cites

M/S.Flsmidth Pvt. Ltd vs The Commissioner Of Central Excise on 20 November, 2014

After considering the submission of both the parties, the Tribunal has come to the conclusion that as regards the issue as to whether trading activity can be called as a service, it is quite clear that since the trading activity is nothing but purchase and sales and is covered under sale tax law, it may not be appropriate to call it a service. Therefore, it has to be held that trading activity cannot be called a service and therefore, it cannot be considered as an exempted service also. It is pertinent to note that the trading activity has been specifically covered as exempted service with effect from 1.4.2011. This amendment in the definition in Rule 2(e) was brought into effect on 1.4.2011 and as per the learned A.R., this amendment is only a clarification and is applicable prospectively. Further this issue whether the appellant is entitled to take Cenvat credit with regard to common input service attributable to trading activity has been recently considered by the Honble High Court of Madras in the case of M/s FLSmidth Pvt. Ltd. Vs. C.C.E. reported in 2014-TIOL-2186-HC-MAD-CX where in the Honble High Court has framed the following substantial question of law :-
Madras High Court Cites 1 - Cited by 2 - Full Document
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