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of <h1>High Court rules services to staff not input services under CENVAT Credit Rules</h1> <h3>The Commissioner of Central Excise Versus M/s. Comstar Automotive Technologies Private Limited, Customs, Excise and Service Tax Appellate Tribunal</h3> The Commissioner of Central Excise Versus M/s. Comstar Automotive Technologies Private Limited, Customs, Excise and Service Tax Appellate Tribunal - TMI Issues:Interpretation of the definition of 'input service' under Rule 2(l) of the CENVAT Credit Rules, 2004.Analysis:The High Court admitted the appeal and framed two questions of law for adjudication, but the parties agreed that the first question sufficed. The key question was whether the CESTAT was correct in allowing the assessee to avail CENVAT credit on specific services provided to staff/employees of the factory, even though these services did not fall under the definition of 'input service' as per Rule 2(l) of the CENVAT Credit Rules, 2004. The Court noted that the Revenue's argument was covered by a Supreme Court judgment and a Division Bench judgment of the same Court, which supported the view that such services did not qualify as input services. Consequently, the appeal filed by the Revenue was dismissed, upholding the impugned judgment. The Court ruled in favor of the Assessee and against the Revenue on the question of law. No costs were awarded in the matter.
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