Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2013 (10) TMI 44

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... put services during the relevant period under Rule 2 (l) of Cenvat Credit Rules, 2004 the credit on input services used in the business activities are admissible - prima facie the applicant has been able to make out a case for staying the operation of the order passed by Commr. (Appeal) - Stay granted. - Appeal No.70337/2013 - - - Dated:- 30-9-2013 - DR. I.P. LAL, J. For the Appellant: Sri .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... by had no nexus with the manufacturing therefore, the said telephone services installed at the premises of the officers of the applicant company cannot be treated as input service in terms of Rule 2 (l) of CENVAT Credit Rules, 2004. The adjudicating authority dropped the proceedings. Against the order of the adjudicating authority, Revenue preferred an appeal before the Commissioner (Appeal) who h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... aves Cotton Ltd. (reported in ELT-2009 (239) ELTL 137 (Tri-Chennai) ii)Keltech Energies Ltd. Vs. Commr. of C.Ex., Mangalore (reported in 2008 (10) S.T.R. 280 (Tri.Bang.) iii) Commr. of C.Ex. Vs. Excel Crop Care Ltd. (2008 (12) S.T.R. 436 (Guj.) iv)Indian Rayon and Industries Ltd. Vs. Commr. 2006 (4) S.T.R.79(Tri-Mumbai), wherein it has been held that credit on telephone services installed at .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e impugned telephones were used only for the business purposes and that there is no allegations or the findings contrary to this fact either in the show cause notice or the order of the adjudicating authority. 5.3. I find that as per definition of input services during the relevant period under Rule 2 (l) of Cenvat Credit Rules, 2004 the credit on input services used in the business activities a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates