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2015 (6) TMI 194 - CESTAT BANGALORE

2015 (6) TMI 194 - CESTAT BANGALORE - TMI - Denial of CENVAT Credit - Nexus with manufacturing activity - Whether the appellants have satisfied the definition of input service for availing the CENVAT credit and whether the demand is barred by limitation - Held that:- issue involved was eligibility of CENVAT credit on services received in respect of security services etc. provided to the residential colony and not to the factory or the premises of the appellant. In this case, the services are cle .....

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the benefit of refund of CENVAT credit taken by them and therefore the impugned order has no merits and has to be set aside. Accordingly, the impugned order is set aside - Decided in favour of assessee. - ST/1186/2010-SM - Dated:- 2-3-2015 - B S V Murthy, Member (T),JJ. For the Appellant : Mr B V Kumar, Adv. For the Respondent : Mr N Jagdish, Superintendent (AR) ORDER Per: B S V Murthy: CENVAT credit of ₹ 28,12,555/- availed by the appellant during the period from May 2005 to March 2006 ha .....

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he issue involved in the present appeal is whether the appellants have satisfied the definition of input service for availing the CENVAT credit and whether the demand is barred by limitation. 4. According to the definition of input service as defined under Rule 2(l) of CENVAT Credit Rules (i) used by a provider of taxable service for providing an output service or (ii) used by the manufacturer, whether directly or indirectly, in or in relation to the manufacture of final products and clearance o .....

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cords and after hearing the learned counsel, I find that the services were received by the appellant from BOB Capital Markets Ltd. relating to professional fee for preparing a business plan appraising the same and work relating to public issue, the services received from Allianze Securities Ltd. relating to filing of public issue offer document, Sameer Financial Services Pvt. Ltd. for professional charges in relation to IPO and for preparing the complete study of commercial and financial aspects .....

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ould have a direct nexus in providing output service. In other words, if the receipt or non-receipt of those services is not going to make any difference to the production of final products, then such services cannot be considered as input services." 7. For coming to this conclusion, he has relied upon the decision of the Tribunal in the case of CCE, Nagpur Vs. Manikgarh Cement Works - 2010 (18) S.T.R. 275 (Tri. - Mumbai). However, I find that in Manikgarh Cement case, the issue involved wa .....

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one in relation to anti-collusion devices proposed to be manufactured by the appellants. All these activities, in my opinion, are clearly covered by the inclusive part of the definition. 8. I also find that the claim of the learned counsel that paragraph 31 of the decision of the Hon'ble High Court of Bombay in the case of CCE, Nagpur Vs. Ultratech Cement Ltd. [2010 (20) STR 577 (Bom.)] is applicable to the facts of the present case is correct and the same is reproduced below for better appr .....

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