TMI Blog2019 (10) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... r observed that in terms of amendment vide notification No.3/2011 CE(NT) dated 01.03.2011 with effective from 01.04.2011, credit was not admissible on the expenditure incurred for set up of the factory of manufacturer of premise of output service provider; the notification has only prospective effect; therefore credit cannot be denied prior to 01.03.2011, in terms of Rule 2(l) of Cenvat Credit R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thers, are engaged in construction of buildings and renting the same. The department after conducting investigation issued a Show Cause Notice seeking disallowance of Cenvat Credit of ₹ 23,61,327 on the ground that the credit inputs are used in construction related work cannot be used for discharge of Service Tax liability on the Renting of Immovable Property and Maintenance and Repair Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.3/2011-CE)(NT) dated 01.03.2011 is having prospective effect, the cenvat credit available by virtue of provisions in the material period under rule 2(1) of Cenvat credit rules, 2004, cannot be denied. The period in this case is Oct, 2008 to March 2011. He further submits that CBEC vide circular No.98/1/2008 ST dated 04.01.2008 Has clarified the interpretation of Cenvat credit Rules 2004; The b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd both sides. I find that the issue that requires to be considered in this case is as to whether the Appellants engaged in construction of a building and renting the same on completion or entitled to credit of inputs / inputs service utilised in the construction while paying the service tax under the head Renting of Immovable Property Service . We find that Learned Commissioner observed that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 (39) STR 726 (Guj.) where it was held that Cenvat Credit of duty paid on cement and steel used in construction of new jetties and other commercial buildings are entitled for input credit. We find that the Impugned Order is maintainable both in terms definition of input/input services under Rule 2(l) of Cenvat Credit Rules, 2004 and the ratio of the above cited cases. 6. In the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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