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2017 (1) TMI 548 - CESTAT MUMBAIReverse Charge Mechanism - the amounts paid as fees for raising extra commercial borrowings from overseas investors - Held that: - entire issue needs to be reconsidered by the adjudicating authority for the simple reason that the appellant had not taken the plea of revenue neutrality before the lower authority. Revenue neutrality is a question of law as also it is a question of fact whether the appellant is entitled to take CENVAT credit of service tax on the service tax paid on the services received by them from their overseas services providers, in this case, it is the submission of the learned AR that the appellant has got units which manufacture exempted products - appeal allowed by way of remand.
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