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2015 (8) TMI 903 - CESTAT AHMEDABAD

2015 (8) TMI 903 - CESTAT AHMEDABAD - TMI - Admissibility of Cenvat Credit - freight services and GTA services- Held that:- Regarding the issue of admissibility of Cenvat Credit it has been held by Gujarat High Court in the case of Commissioner vs. Dynamic Industries Limited (2014 (8) TMI 713 - GUJARAT HIGH COURT) that point of export is the place of removal in case of exported goods. Reliance placed by the Learned (AR) in the case of M/s Market Systems vs. CCE and ST, Vadodara-II (2014 (6) TMI .....

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DER Per : Mr. H.K. Thakur; This appeal has been filed by the appellant against OIA No. Commr(A)/29/VDR-II/2008 dated 21.02.2008 issued on 10.03.2008 under which Cenvat Credit of ₹ 3,56,608/- has been disallowed and Service Tax demand of ₹ 2,74,629/- has been confirmed against the appellant, along with interest and imposition of penalties. 2. Ms. Harpinder Saudhu (Advocate) appearing on behalf of the appellant argued that demands have been confirmed against the appellant on the follow .....

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15 (37) STR 965 (Guj.)] to argue that the debit of GTA service tax was correctly paid from Cenvat Credit account. 2.2. Regarding Cenvat Credit on freight services from factory to Port of Export, she relied upon the following case laws:- (i) Modern Petro Film vs. CCE, Vadodara - [2010 (18) STR 625 (Tri.-Ahmd)]. (ii) Commissioner vs. Dynamic Industries Limited - [2014 (307) ELT 15 (Guj.)] 3. Shri Govind Jha (AR) appearing on behalf of the Revenue defended the order passed by the first appellate au .....

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