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2018 (2) TMI 1433 - AT - Central ExciseCENVAT credit - input services credit in respect of premises, which is being leased out - The department was of the view that appellant has not used the input services, on which credit was availed, in or in relation to the manufacture of their finished products - Held that: - The input credit whether availed on capital goods, inputs or input services is accounted in a common pool of credit. While utilising credit it is not necessary that there should be one to one correlation - the Cenvat Credit Rules does not prohibit the credit availed on capital goods to be utilized to discharge duty on finished products or for payment of service tax. So also the credit availed on payment of service tax can be utilized for discharge of central excise duty. The Tribunal in the case of Nvaratna S.G. Highway Prop. Pvt Ltd. [2012 (7) TMI 316 - CESTAT, AHMEDABAD] held that without construction of mall / building the renting of immovable property services cannot be provided and therefore construction service is an eligible service for credit for providing output service of Renting of immovable property. The disallowance of input service credit is unjustified - appeal allowed - decided in favor of appellant.
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