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M/s Universal Biofuels Pvt. Ltd. Versus CCE, C&ST, Visakhapatnam-I

2017 (9) TMI 774 - CESTAT HYDERABAD

100% EOU - CENVAT credit - input services - credit availed before appellant got registration - Held that: - decision in the case of mPortal India Wireless Solutions (P.) Ltd. Versus Commissioner of Service Tax [2011 (9) TMI 450 - KARNATAKA HIGH COURT .....

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original documents on which CENVAT credit was availed, in the interest of the justice, it is fit to remand this issue in respect of availment of CENVAT credit on the photo copy of the invoices, to reconsider the issue after following natural justice .....

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Commissioner (AR), for the Respondent. ORDER [Order per: M.V. Ravindran] This appeal is directed against the Order-in-Appeal No.36/2014 (V-II) CE dated 10.11.2014. 2. Heard both sides and perused the records. 3. The issue that falls for consideratio .....

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vember, 2008 to August, 2009, appellant availed CENVAT credit which are not eligible to them on the following two grounds. Firstly, the CENVAT credit availed on the input services paid on input service before appellant got registration that the this .....

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nd that the issue regarding the availment of CENVAT credit of the various services received by the appellant before registration of their unit with the authorities is now settled by various decisions. 6. Ld. Chartered Accountant was correct in brinin .....

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the demand is unsustainable. To come to such a conclusion the Bench relied upon the decision of Hon'ble High Court of Karnataka mPortal India Wireless Solutions Pvt. Ltd., [2012 27) STR 134 (Kar)]. The arguments put forth by the Ld. Departmental .....

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und of service tax paid on various services, while in the case in hand it is regarding the refund claim. 7. I find that the arguments put forth by the Ld. Departmental Representative, are incorrect as procedure for sanctioning refund of the service t .....

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Commissioner of Service Tax Vs. SCIO inspire Consulting Services (India) Pvt. Ltd., by an order dated 10.04.2017. In view of this, I hold that the issue regarding to availment of CENVAT credit before the registration and settled one demand of this a .....

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