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2015 (12) TMI 1106 - CESTAT BANGALORE

2015 (12) TMI 1106 - CESTAT BANGALORE - 2016 (42) S.T.R. 533 (Tri. - Bang.) - Denial of CENVAT credit for the input services viz. advertisement, DVD film production, campaigning in electronic and print media etc. which were used for collecting capital through IPO by the appellant - IPO to collect capital for expansion of manufacturing facilities of their products - Held that:- Impugned order, when it has denied the CENVAT credit available to the appellant, has not talked about the new unit or th .....

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respect of new unit. - appellant is entitled to the CENVAT credit which was denied by the impugned order. When the appellant has been found to be entitled to the CENVAT credit, there cannot be any question of imposition of penalty. Consequently, the impugned order is set aside - Decided in favour of assessee. - ST/1193/2011-SM - Final Order No. 22121 / 2015 - Dated:- 4-11-2015 - Shri Ashok K. Arya, Technical Member For the Petitioner : Shri B.V. Kumar, Advocate ORDER Per : ASHOK K. ARYA Both the .....

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es by setting up of exclusive manufacturing factory at Hardware Technology Park, Shamshabad in State of Andhra Pradesh. 3. Appellant has, inter alia, argued that they are entitled to CENVAT credit for the input services as the definition of Rule 2(l) of CENVAT Credit Rules 2004 is very clear; it defines input service(s) by including all kinds of services which are used directly or indirectly in relation to setting up, modernization, renovation or repairs of a factory. 3.1. The learned advocate f .....

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20466/2015 dt. 02/03/2015. 4. Learned AR appearing for the respondent viz. CC,CE & ST, Hyderabad-II argues that the appellant could be entitled to the CENVAT credit only in favour of new unit, which was to be set up for expansion of manufacturing facilities. 5. All the facts of the case and the submissions of both the sides have been carefully considered. It is observed that as the definition of Rule 2(l) of CENVAT Credit Rules 2004 is very wide and clear that all the input services which ar .....

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very clear that the service tax paid for the input services which are used directly or indirectly in relation to the manufacture would be admissible for CENVAT credit. The definition as given in Rule 2(l) of CENVAT Credit Rules, 2004 is quoted below:- Rule 2(l) input service means any service, - (i) used by a provider of [output service] for providing an output service; or (ii) used by a manufacturer, whether directly or indirectly, in or in relation to the manufacture of final products and cle .....

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