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TMI Blog2018 (10) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... should use the data provided by M/s Bloomerg Data Services (India) Pvt. Ltd. for the purpose of analysis and interpretation, which is a taxable service, defined under the Finance Act, 1994. For providing such services, M/s Bloomerg issued the invoices in the name of M/s Deutsch Bank A.G., Chennai. Service tax amount indicated in the said invoices were availed as CENVAT credit by the appellant. Taking of CENVAT credit on the basis of the invoices of M/s Bloomerg was disputed by the department on the ground that the invoices did not contain the name of the appellant as the receiver of taxable service and that the invoice value paid by the appellant to M/s Bloomerg was reimbursed by Deutsch Bank A.G. to the appellant. The department also conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service provider have nexus with the business activities of the appellant, CENVAT credit cannot be denied merely by a reference to sub-rule (2) of Rule 9 of the CENVAT Credit Rules, 2004. In this context, she has relied on the proviso appended to sub-rule (2) of Rule 9 of the rules to state that the departmental officers are empowered to condone the procedural requirement, if the services are received and accounted for in the books of accounts. 3. On the other hand, the learned DR appearing for the Revenue reiterates the findings recorded in the impugned order. He further submits that since the requirement of Rule 9(2) of the CENVAT Credit Rules, 2004 read with Rule 4A of the Service Tax Rules has not been complied with by the appellant, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it. Show cause notices and the findings of the adjudicating authority has made it clear time and again that Deutsche Bank has reimbursed the invoice value minus service tax amount to the appellant and interestingly appellant has never disputed this fact of reimbursement leading to the conclusion that the appellant has actually not paid the value of input service (except service tax amount), in question, to Bloomberg, the input service provider. It is also a fact that such input service invoices were actually addressed to Deutsche Bank, not to the appellant. Now question arises whether appellant can avail Cenvat Credit on the basis of invoices which were not addressed to the appellant and also in a situation where the invoice value payment w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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