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2017 (10) TMI 194 - CESTAT HYDERABADCENVAT credit - input services - vehicles on which insurance is paid - Held that: - availment of cenvat credit of the service tax paid on insurance post 01.04.2011 is not eligible to be availed as Cenvat credit, is the law which, is incorporated in the definition of input services. Since the definition of input services has undergone a change wherein eligibility to avail of Cenvat credit of the service tax paid on insurance premium is incorporated, I find that availment of such credit is wrong and correctly denied by the lower authorities - appellant has made out a case for setting aside the penalties imposed on them as there can be bonafide belief to entertain that they are eligible for availment of cenvat credit. CENVAT credit - services procured from CHA towards clearance of appellant’s goods - duty paying documents - invoice which was produced before the lower authorities for availment of cenvat credit is not in the name of the appellant - Held that: - In the absence of any other evidence to show that the said services were in fact received by the appellant, the lower authorities were correct in coming to a conclusion of denying the cenvat credit to the appellant - demand with interest upheld - penalty set aside as he was under the bonafide belief that they are eligible for availment of cenvat credit of the service tax paid on various services which are utilised for manufacturing of goods. Appeal allowed - decided partly in favor of appellant.
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