TMI Blog2018 (3) TMI 1386X X X X Extracts X X X X X X X X Extracts X X X X ..... ocument, the credit should be available to the appellant, subject to fulfilment of the other conditions laid down in sub-rule (2) of the said Rules. Since the appellants' submits that the debit note contained all the requisite particulars, as provided under the said rule, the matter should go back to the original authority for verification of the documents and for allowing the Cenvat benefit, if the same are in conformity with the statutory provisions - the original authority should also decide whether penalty can be imposed on the facts and in the circumstances of the present case, especially in view of the fact that the appellant is a banking company and is owned and controlled by the Government Departments. Appeal allowed by way of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it amounting to ₹ 8,80,116/- and also imposed equal amount of penalty on the appellant. The Id. Commissioner (Appeals) vide the impugned order has upheld the adjudged demand. 3. The Id. Consultant appearing for the appellant submits that as per the proviso appended to Rule 4 A of the Service Tax Rules, 1994, the invoice issued by the service distributor of a banking company cannot be denied, if the requisite particulars are mentioned therein. Thus, he submits that since the prescribed particulars under the said Rule were mentioned in the debit note / the document issued by the head office, Cenvat taken by the appellant cannot be denied. He further submits that Cenvat credit taken on premium of EDLI Scheme and Premium of DI CGC ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m of the view that the matter should go back to the original authority for verification of the documents and for allowing the Cenvat benefit, if the same are in conformity with the statutory provisions. Further, while examining the issue, the original authority should discuss the applicability of the judgment of Hon'ble Karnataka High Court in the case of Millipore India Ltd. - 2012 (26) STR 514 (Kara), the decision of this Tribunal in the case of Reliance Industries Ltd. - 2015 (38) STR 217 (CESTAT-Mum.), BSNL - 2008 (9) STR 499 and M/S. Nepa Ltd. - 2009 (298) ELT 225 to arrive at the conclusion, as to whether the premium on EDLI Scheme and Premium on DI CGC should be considered as the input service for availment of Cenvat be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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