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2018 (8) TMI 819 - AT - Service TaxBusiness Auxiliary Service rendered towards textile processing - N/N. 14/2004-ST dt. 10.09.2004 - suppression of facts - time limitation - penalty - Held that:- The issue in dispute has been decided in favour of the appellant in a slew of Tribunal orders of the CESTAT Chennai - reliance placed in the case of TEXYARD INTERNATIONAL, SREE ANGALAMMAN EXPORTS, ATLAS EXPORT ENTERPRISES, M/S KANGAROO IMPEX VERSUS COMMISSIONER OF CENTRAL EXCISE, TRICHY [2015 (8) TMI 794 - CESTAT CHENNAI], where it was held that Service tax if any payable under reverse charge is permissible to be availed as cenvat credit and that may be refundable under Notification No.41/2007 unless otherwise deniable by law. The provision made in Central Excise Rules and Cenvat Credit Rules ensures that tax is not added to the cost of export so that Indian exporter can compete with overseas market. Appeal allowed - decided in favor of appellant.
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