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S.H. Kelkar & Co. Ltd. Versus CCE Mumbai-III

2017 (9) TMI 1372 - CESTAT MUMBAI

CENVAT credit - input services - certain services obtained for handling a case on family settlement - Held that: - the said services have been used for the purpose of merger with other companies - the services of merger has no relation with the manufacture. The said service relates to corporate restructuring and is not specifically covered under any of the heads of input services - the said services do not qualify to an input service - appeal dismissed - decided against appellant. - E/85234/16 - .....

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n respect of certain services obtained for handling a case on family settlement. Another objection raised in the said audit was in respect of certain services on the issue of merger with two other companies. Ld. Counsel argued that the objection regarding availment of credit for the purpose of services obtained for the purpose of family settlement had been admitted and they have reversed the credit. However a show-cause notice was issued demanding reversal of cenvat credit amounting to ₹ 4 .....

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family settlement. He produced the invoice under which the said credit was taken. The said invoice described the services as follows:- Being professional services rendered for advise in realigning group structure & assistance in implementing the same vide LOE dated November 23,2011 Thereafter he produced the said LOE dated 23.11.2011 wherein purpose of the said LOE was mentioned in para 1 which reads as follows:- 1. Background S.H. Kelkar & Co. Private Ltd. was incorporated on 1st day of .....

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to acquire the business of Tridhaatu Estates Private Limited and Amerigo Holdings & Investment Private limited to expand its commercial objective by way of merger. In view of this background, the Company has approached KPMG to advise on alternative structures in this respect from tax and regulatory perspective and also assist them from a tax and regulatory perspective in the implementation of the Companies selected. 4. He pointed out that the said services was obtained not in respect of fami .....

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