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2015 (10) TMI 2286 - CESTAT AHMEDABAD

2015 (10) TMI 2286 - CESTAT AHMEDABAD - 2016 (41) S.T.R. 501 (Tri. - Ahmd.) - Denial of CENVAT Credit - Banking and Financial services - whether service tax paid by the appellant on external commercial borrowings (ECB), on which service tax was paid under “Banking and Other financial services” by the appellant under reverse charge, is admissible under the Cenvat Credit Rules or not - Held that:- It is observed from para 5 of the Show Cause Notice Dated 15.10.2010 that that Shri Prakash Mehta, Se .....

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iod the activities relating to business was covered with the definition of inputs services under Rule 2 (l) of Cenvat Credit Rules, 2004. No contrary arguments are available in the orders passed by the lower authorities that such activities relating to business were not existing in the definition of Rule 2 (l) of the Cenvat Credit Rules, 2004. Hence, it is held that the services availed by the appellant were “Banking and other financial services” on which service tax was paid under reverse charg .....

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- Decided in favour of assessee. - Appeal No. E/357/2012 - Final Order No. A/10789/2015-WZB/AHD - Dated:- 11-6-2015 - H K Thakur, Member (T),J. For the Appellant : Shri Suriyanarayanan Adv For the Respondent : Shri L Patra, AR ORDER Per H K Thakur: This appeal has been filed by the appellant with respect to OIA No. CS/182/DMN/VAPI-I/2011-12 Dated 02.02.2012. 2. Shri S. Suriyanarayanan, Advocate appearing on behalf of the appellant argued that the issue involved in this appeal is whether appella .....

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ioner of Central Excise, Customs & Service Tax, Visakhapatnam-I vs. GMR Industries Ltd. [2015 (38) S.T.R. 509 (Tri. Bang.)]. Learned Advocate also relied upon the judgement of ABB Ltd. vs. Commissioner of Central Excise, & Service Tax, Bangalore ST/336/2007, ST/345, 347/2006 to argue that at the relevant time the words 'activities in relation to business' was mentioned in the definition of Rule 2 (l) of the Cenvat Credit Rules, 2004 and, therefore, Cenvat Credit on such services .....

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sides and perused the case records. The issue involved in this appeal is whether service tax paid by the appellant on external commercial borrowings (ECB), on which service tax was paid under Banking and Other financial services by the appellant under reverse charge, is admissible under the Cenvat Credit Rules or not. It is observed from para 5 of the Show Cause Notice Dated 15.10.2010 that that Shri Prakash Mehta, Senior Manager (Accountants) and authorized person of the appellant has, interali .....

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