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2016 (10) TMI 874 - CESTAT ALLAHABAD100% EOU - manufacturer of wire connector - service provider under the category of “Renting of Immovable Property” - whether utilisation of the Cenvat credit in their 100% EOU for payment of service tax under renting service allowed? - Rule 3(1) of the CCR - decision in the case of CCE,Coimbatore Vs. Luxmi Technology & Engineering Indus. Ltd. [2011 (2) TMI 1275 - CESTAT, CHENNAI] relied upon - Held that: - there is no such restriction for utilisation of the Cenvat credit by a manufacturer, being 100% EOU under the Cenvat Credit Rules. Further, I find that the facts of this case are squarely covered by the earlier ruling of this Tribunal in the case of CCE,Coimbatore Vs. Luxmi Technology & Engineering Indus. Ltd. in favour of the appellant, where it was held that Rule 3(1) of the CENVAT Credit Rules - a provider of taxable service is also entitled to take credit of specified excise duty, additional duty of customs and service tax in respect of input services and utilize the credit from all these sources for the purpose of paying service tax. Extended period of limitation is not attracted in view of the earlier Audit Report for December to January, 2009-2010 and also under the fact that the whole exercise is revenue neutral. Appeal allowed - decided in favor of appellant.
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