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2016 (11) TMI 992 - AT - Central ExciseCenvat Credit - input services - payment rendered to M/s.Amas Bank for raising funds through GDRs for USD Million during April 2008 - Rule 2 (l) of the CENVAT Credit Rules 2004 - Held that: - the onus is on the department to seek a clarification or verify the details submitted by the appellants in their ER-I returns, cannot be faulted and the further finding that the proviso to extended period cannot be invoked is proper. The reliance on the Tribunal ruling in the case of Sundram Brake Linings Ltd is no longer good law and the same stands overruled by the Madras High Court in CMA No.314/2011 dated 13.02.2015. The appellant has failed to note that without capital expenditure, the proposed foundries would not have been established and to augment funds through GDRs, the Respondent had availed the services of M/s. Amas Bank. The definition of input service is of the widest amplitude in as much as the wording is used by a manufacturer whether directly or indirectly'. The inclusive definition has been held by various courts to be expansive and the services used in relation to setting up of the factory. Modernization and renovation are held to be eligible for input service credit. The wordings relating to business' is also very apt for the factual scenario in this case in as much as the funds were used for setting up of two units which has not been disputed by the Revenue, I do not find any infirmity in the impugned order and in view of the observations made herein above, the impugned order is upheld - appeal dismissed - decided against Revenue.
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