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2013 (9) TMI 515 - AT - Service Tax“Management Consultancy Services” – assesse had availed CENVAT Credit of the Service Tax paid on these services under Rule 6(5) of the Cenvat Credit Rules, 2004 – following the judgement of RPG Enterprises Ltd. Vs. Commissioner of Central Excise, Mumbai-IV – [2008 (4) TMI 168 - CESTAT MUMBAI ] - the matter relating to services received in area such as Strategic planning, Corporate finance, Management information system, Forex management service, Human resources development, Project development etc. and held that services received in these areas would be rightly covered under the definition of ‘Management Consultancy Services'. Demand of CENVAT credit – Held that:- The demand was unsustainable in law - The cap of 20% on the utilisation of CENVAT Credit was lifted on 1.4.2008 - the assesse had the liberty to reverse Service Tax credit attributable to exempted services on a proportionate basis which the assesse had done - Inasmuch as the assesse had reversed the credit attributable to exempted services - they cannot be saddled with the liability to pay amount equal to 8% of the value of the exempted services – Decided in favor of assesse.
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