2009 (6) TMI 410

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.... Appellant. Shri Sameer Chitkara, SDR, for the Respondent. [Order per: B.S.V. Murthy, Member (T)]. - Appellants are engaged in the providing Commercial and Industrial Construction Services, service of construction of residential complex and transportation of goods by road. They have availed the benefit of Notification No. 12/2003 dated 26-2-2003 as amended, which provides exemption from serv....

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....iod and hence they are not eligible for the exemption in respect of value of goods sold by the appellants, service tax of Rs. 8,30,336/- has been demanded with interest and penalties also have been imposed. 2. Shri P.M. Dave, ld. Advocate submits that the Notification is applicable only in respect of the goods and materials sold by the service provider while providing the services and is not re....

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....spect of goods and materials sold while providing services and in respect of other goods, the appellants would still be eligible to avail Cenvat credit. Once they avail Cenvat credit, the value of such goods and material cannot be deducted and if such goods are sold, credit has to be reversed. The lower authorities have taken a stand that once the Cenvat credit is taken in respect of goods and mat....