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Commissioner of Service-Tax Service Tax Commissionerate-II Versus M/s. Narus Networks Pvt. Ltd.,

2016 (5) TMI 1245 - KARNATAKA HIGH COURT

Cenvat Credit - Nexus between output service and input service - Whether the Tribunal did not examine the aspects as to the output services could be said as service or not and whether the Tribunal ought not have remanded the matter - Held that:- at t .....

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16 (4) TMI 409 - KARNATAKA HIGH COURT] but the Tribunal did not consider the said aspect. Under the circumstances, we do not find that the matter would call for interference as sought to be canvassed. Also the Tribunal has relegated the matter for fi .....

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exercise of discretion, it cannot be said such exercise of discretion is perverse. As there is no substantial questions of law arise for consideration, no case is made out for our interference. - Decided against the revenue - CEA No. 44/2015 - Dated: .....

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gainst order dated 12.3.2015 passed by the Tribunal in exercise of its appellate power whereby, the Tribunal has for reasons recorded in the impugned order has remanded the matter to the original adjudicating authority to decide the admissibility of .....

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d not examine the aspects as to the output services could be said as service or not and another was that, the Tribunal ought not have remanded the matter. Hence, he sought that this Court may interfere. 4. We may record that, in CEA 5/16 .....

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se of CENVAT credit but the Tribunal did not consider the said aspect. This Court while dealing with the said contention at paragraph s 3 and 4 has observed thus: 3. The contention raised on behalf of the appellant is that, as per the dec .....

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by Clause (zzzze) of Sec.65(105) of Finance Act, 1994 with effect from 16.5.2008. Prior there to, it was no service for the purpose of Cenvat credit. The aforesaid aspect is not considered by the Tribunal and hence, this Court may interf .....

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