2011 (5) TMI 834

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....al Bajaj, SDR, for the Respondent. [Order per : Mathew John, Member (T)]. - The appellant is in the business of executing turnkey projects in the field of rural electricity infrastructure and household electrification on turnkey basis mostly for State Electricity Boards. For execution of such contracts the appellant-company uses goods which are manufactured by it and also goods manufactured ....

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....material value and service value. Insurance premiums are also paid for the full value of the contracts. 4. The dispute involved in this case is whether the appellant is eligible to take credit for the full amount of tax paid on the commission paid to the Agents and for the full amount of tax paid on insurance premium paid. While the appellant claims that they should be allowed to take cred....

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....pose of charging tax and allowing credit are two different issues and the Revenue has made a mistake by seeing the latter in the context of the former. They argue that they are eligible for exemption under Notification 12/2003-S.T., dated 20-6-2003 for the value of the project corresponding to the value of materials supplied and that should not be reason to deny credit in relation to tax paid on s....

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....on both sides. 9. The matter is contentious. Under Rule 3 of the Cenvat Credit Rules credit can be taken only on tax paid on any input service received by a provider of output services. (For sake of clarity the portion of the rule dealing with inputs, excise duty thereon and final products is not being discussed since that situation is not dealt with here). Output service itself is defined....