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2016 (1) TMI 518

mill was used in the manufacture of the excisable goods, which was cleared on the payment of duty. - Credit allowed. - Appeal Nos. E/871 ,1064,1067,1116 /2011-DB, E/338-339,382- 383/2012, E/11436-11437/2013 - Order Nos. A/11551-11560/2015 - Dated:- 4-9-2015 - P K Das, Member (J ) And P M Saleem, Member (T) For the Appellants : Shri S J Vyas , Shri V B Joshi, Shri D K Trivedi & Shri Rahul Gajer .....

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in view of the decision of the Hon'ble Bombay High Court in the case of Commissioner of Central Excise and Customs, Aurangabad Vs. Endurance Technology Pvt. Ltd - 2015-TIOL-1378-HC-MUM-ST(Tri). Further, the present appeals were referred to the larger bench by the Divisional bench to decide the issue whether the assessee is eligible to avail Cenvat Credit of an amount paid as Service Tax by a .....

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, Lucknow [2013 (11) TMI 987 - CESTAT New Delhi] allowed the appeal on the identical issue. The Tribunal held that the services availed for erection/commissioning, maintenance or repair and insurance of the Fly Ash extraction plants installed by the appellants at the Thermal Power Plant, these services have to be treated as the services used for the manufacture of cement by the appellant and would .....

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entitled to take a different view based on Mr. Goel's additional submission founded on the provisions of the Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953. In Suganthi Suresh Kumar V. Jagdeeshan (2002) 2 Supreme Court Cases 420, the Supreme Court held that the High Court cannot question the correctness of the decision of the Supreme Court even though the point raised before t .....

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