2011 (2) TMI 182

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....asekharan, Technical Member - This stay application has been filed by M/s. Ahmednagar Forgings Ltd., Kuruli, Chakan Distt., Pune. The said company is engaged in the manufacture of motor vehicle parts, steel parts, steel forgings, etc.   2. The said company availed Cenvat credit of service tax amounting to Rs. 37,29,436 paid on services provided by M/s. P.L. Advisory Services Pvt. Ltd., ....

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.... during the month of June 2007 and also to recover the same under the provisions of rule 14 of Cenvat Credit Rule, 2004 read with section 11A of Central Excise Act, 1944. The show-cause notice also proposed to recover interest on the said amount under section 11AB of the Central Excise Act and imposed penalty under section 11AC read with rule 15 of the Cenvat Credit Rules. The case was adjudicated....

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.... preferential shares. This capital has been utilised in or in relation to the manufacture of the final products. The activity undertaken by them relates to their business and, therefore, the service is rightly covered under the definition of 'input service' as defined in the Cenvat Credit Rules. It is also urged that the corporate office and the factory are situated in the same premises and, there....

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.... of shares have been actually utilized in or in relation to the manufacture of excisable goods and, hence, the party is not entitled to the Cenvat credit on the input service tax paid as held in the orders passed by the lower adjudicating authority and the appellate authority.   6. We have carefully considered both the rival submissions. We are prima facie of the view that the services of ....