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2016 (11) TMI 587 - AT - Service TaxCENVAT credit - renting of immovable property - rule 2(1) of the CCR, 2004 - CBEC circular 98/1/2008-ST dated 04.01.2008 - Whether the cenvat credit on construction services is available to the appellant or not? - Held that: - reliance placed in the decision of the case COMMR. OF C. EX., VISAKHAPATNAM-II Versus SAI SAHMITA STORAGES (P) LTD. [2011 (2) TMI 400 - ANDHRA PRADESH HIGH COURT] where it was held that unless excluded, ail goods used in relation to manufacture of final product or for any other purpose used by a provider of taxable service for providing an output service are eligible for CENVAT credit - assessee used cement and TMT bar for providing storage facility without which storage and warehousing services could not have been provided - the appellant has correctly taken the cenvat credit to the tune of ₹ 20,84,900/- on construction services. Accordingly the same is allowed. Imposition of penalty - Held that: - During the period April' 2009 to March' 2010 there was a stay on the levy of service tax under the category of renting of immovable properties services which is ultimately paid by the appellant alongwith interest. Further, the issue is pending before the Hon'ble Apex Court. In that circumstance, I hold that no penalty is imposable on the appellant - appeal allowed - decided in favor of appellant.
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