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2018 (3) TMI 754

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..... admissible on such service - credit allowed. Rent-a-cab service - Held that: - the said service is used in or in relation to overall manufacturing activity of the appellant therefore credit is admissible only upto 31-03-2011 - however from 1-4-2011 rent a-cab service is excluded from the definition of the input service therefore credit for the period after 1-4-2011 is not admissible - credit upto 31-03-2011 allowed. Service of processing of loan - Held that: - financing is most important part of any business organisation without which no business can take off therefore credit in respect of service tax paid on loan processing fees is clearly admissible - credit allowed. Appeal allowed in part. - Appeal No. E/85763/17 - A/92220/2017 .....

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..... nder exclusion category as exclusion provided to the new construction only and not to the repair, renovation etc. In support of his submission he placed reliance on the following judgments: (i) Hindustan Zinc. Ltd. Vs. Commissioner of C.Ex. S.T. Jaipur-I 2016 (45) STR 571 (Tri.-Del.) (ii) Commissioner of Central Excise, Delhi-III Vs. Exide Industries Ltd. 2016 (43) STR 463 (Tri.-Del.) (iii) Sarita Handa Exports (P) Ltd. Vs. Commissioner of C.Ex., Gurgaon-II 2016 (44) STR 654 (Tri.-Chan.) (iv) Bellsonica Auto Component India Pvt. Ltd. Vs. Commr. Of C. Ex., Delhi-III 2016 (46) STR 377 (Tri.-Del.) (v) Orient Bell Limited Vs. Commissioner of Central Excise, Noida 2017 (52) STR 56 (Tri.-All) (vi) Aluminium Powder .....

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..... therefore credit is admissible only up to 31-03-2011 however from 1-4-2011 rent a-cab service is excluded from the definition of the input service therefore credit for the period after 1-4-2011 is not admissible and the same is also conceded by the Ld. Counsel. They have also reversed the credit for the said period alongwith interest. I hold that credit in respect of rent-a-cab service for the prior period of 1-4-2011 is admissible and for the period after 1-4-2011 credit is inadmissible. Regarding the service of processing of loan, I am of the view that financing is most important part of any business organisation without which no business can take off therefore credit in respect of service tax paid on loan processing fees is clearly admi .....

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