TMI Blog2009 (6) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... rvice tax credit on the input services – held that – benefit of abatement allowed despite the fact that credit reversed subsequently. - ST/22/2009 - A/1148/2009-WZB/AHD - Dated:- 1-6-2009 - Shri B.S.V. Murthy, Member (T) and Ashok Jindal, Member (J) Shri Sameer Chitkara, SDR, for the Appellant. Shri Devan Parikh, Advocate, for the Respondent. ORDER [Order per : B.S.V. Murthy, Member (T)]. - M/s. Amola Holdings Private Limited are engaged in the business of providing Commercial or Industrial Construction Service which is taxable from 10-9-2004 and Construction of Complex service taxable from 16-6-2005. Notification No. 1/2006-S.T., dated 1-3-2006 provides that if the service provider avails Cenvat credit on capit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of the same the benefit of exemption Notification can be extended. He drew our attention to Para 8 of the judgment of Hon ble Supreme Court wherein it was observed by the Hon ble Court that on payment of duty on the inputs, the assessee got the credit which was never utilized and before utilization entry has been reversed which amounts to not taking credit. 3. On the other hand Shri Devan Parikh, advocate for the respondents submits that the issue is squarely covered by the decision of the Tribunal in Precot Mills Ltd. [2006 (201) E.L.T. 356 (Tri.-Chennai)] and the decision of Hon ble Allahabad High Court in Hello Minerals Water (P) Ltd. [2004 (174) E.L.T. 422 (All.)]. Further, he also submits that the judgment of Hon ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification to them in respect of final product cleared from their factory during March to June, 1999 is that they had availed and utilized input duty credit and capital goods credit in the previous years (1997-98 1998-99). It has been pointed out by learned counsel that an amount of ₹ 4,16,161/- equivalent to the total credit availed and utilized during 1997-98 1998-99 was paid on 10-1-2005. If it were to be held that, in respect of finished goods removed from the factory in a given financial year, the benefit of concessional rate of duty in terms of Sl. No. 133 of the Table annexed to the above Notification would not be available on account of input duty credit and capital goods credit having been availed and utilized in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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