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CC&CE, Raipur Versus M/s Vimla Infrastructure (India) Pvt. Ltd.

2016 (8) TMI 618 - CESTAT NEW DELHI

Cenvat credit - sleepers, RLS Rails used for construction of railway sidings, which were further used for providing the services - Held that:- in the light of the declaration of law by the Gujarat High Court in the case of Mudra Ports & Special Econo .....

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ound in the order passed by the Commissioner while allowing the cenvat credit. - Decided against the Revenue - Excise Appeal No. 465 of 2009 - Final Order No. 52212 / 2016 - Dated:- 27-6-2016 - Ms. Archana Wadhwa, Member (Judicial) and Mr. V. Padmana .....

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presented by Shri Yogesh Agarwal, ld. DR for the Revenue and Sh. Rahul Tangri, ld. Advocate for the assessee, we find that the respondent are engaged in providing of Cargo Handling Services. They were issued show cause notice proposing to deny cenvat .....

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mponents. 3. Revenue is aggrieved with that part of the order passed by the Commissioner vide which he has allowed credit in respect of sleepers, RLS Rails used by the respondent for construction of railway sidings, which are further used by them for .....

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ut . 4. On the other hand, ld. Advocate appearing for the respondent has brought to our notice the Tribunal s decision in the case of RSWM Limited vs. Commissioner of Central Excise, Jaipur-II - 2015 (37) STR 1074 (Tri. Del.) as also of Rajasthan Hig .....

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used for transporting of coal to the factory premises have been held to be covered by the definition of capital goods. 5. At this stage, we take note of the latest decision of Hon ble Gujarat High Court in the case of Mudra Ports & Special Econom .....

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lability of cenvat credit of duty paid on the cement and steel used in the construction of jetty and other commercial building, which were being used for providing the output services. The Hon ble High Court held that without the construction of jett .....

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