Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 376 - AT - Central ExciseCENVAT Credit - Input service - brokerage/Commission obtained by the selling the constructed residential units - whether the brokerage/Commission obtained by the selling the constructed residential units is an input service for the appellant? - Held that:- The very perusal of Rule 2(1) makes it clear that the explanation to Rule 2(1) of Rule says in clear terms that there is no bar on availment of the Cenvat Credit on sales promotion service by way of sale of dutiable goods on commission basis - Further, by inserting the Explanation in the Rule 2(1), It has confirmed the Board Circular and consequence of the Explanation is to extend the benefit to the assessee. The Explanation inserted in Rule 2(1) of Rules, 2004 by Notification No. 2/2016-CX(N.T) should be declaratory in nature and effective retrospectively. The amount of brokerage/Commission to be eligible as an input service for the entitlement of the assessee for availing the Cenvat Credit thereupon - Appeal dismissed - decided against Revenue.
|