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CCE, Delhi-III Versus Sunbeam Auto Pvt. Ltd.

Denial of CENVAT Credit - Outdoor catering service - held that:- The dispute in this case relates to September, 2010 to August, 2011. It is submitted on behalf of the Counsel that the respondent debited the amount availed after 1.4.2011. In a catena .....

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borne by them and that it was not recovered from the employees does not find force for the reason that there is no such allegation raised in the show cause notice. Therefore, the arguments advanced raised by the learned AR deserves to be brushed asid .....

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the Petitioner: Shri Devender Singh, AR For the Respondent: Shri Alok Arora, Advocate ORDER Per: Sulekha Beevi C.S. The Revenue is in appeal challenging the impugned order which allowed credit on outdoor catering services. 2. The respondents are eng .....

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d in the order passed which disallowed the credit and ordered recovery alongwith interest and imposed equal amount of penalty. Aggrieved the respondents filed appeal before the Commissioner (Appeals) who allowed the credit. Hence this appeal. 3. Lear .....

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he respondents submitted that the allegation in the show cause notice was confined to the issue whether outdoor catering services qualify as input service or not. That the ground presently put forward by the learned AR is not maintainable as there is .....

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ce is qualified as input service for availing credit. 4. Heard both sides and perused the records. 5. The submissions made by the learned Counsel for the respondents that the issue before the adjudicating authority was confined as to whether outdoor .....

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Court in CCE, Nagpur vs. Ultratech Cement Ltd.-2010 (20) STR 577 (Bom) has held in favour of the respondents observing that the period being prior to 1.4.2011, the credit on outdoor catering service is admissible to the assessee. The dispute in this .....

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