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CCE Pune-I Versus GKN Sinter Metals P. Ltd.

2018 (1) TMI 469 - CESTAT MUMBAI

CENVAT credit - input service - GTA Service - place of removal - Held that: - the impugned order are set aside and the matters are remanded to the adjudicating authority to decide afresh - appeal allowed by way of remand. - E/86207 & 86208/17 E/CO/91 .....

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ommissioner (Appeals) dropping the demand of reversal of cenvat credit of service tax, interest and imposition of penalty against GKN Sinter Metals P. Ltd. The respondents have filed cross objection in both cases. 2. Ld. AR for the revenue argued tha .....

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e of removal is not admissible. He argued that similar matters in respect of services of GTA availed have been a matter of dispute and Hon ble Apex Court in Appeal no. 11402 of 2016 in CCE vs ABB Ltd. is seized of the issue. He argued that under simi .....

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er before the Hon ble Apex Court in the case of ABB Ltd. is decided. 3. Ld. Counsel for the respondents resisted the matter and argued that the issue before the Hon ble Apex Court relates to GTA service and not to courier service. He relied on the de .....

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. 5. I find that the issue before the Hon ble Apex Court relates to admissibility of credit on input GTA service availed in respect of despatch of goods from factory of the manufacturer to the premises of the buyer. The dispute in the instant case re .....

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