2014 (1) TMI 718

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.... and financial services for various period from 1.4.2006 to 30.06.2008 were issued by the bank - State Bank of India, Commercial Branch, City Centre, Gwalior on 29.8.2008. In all 9 advices were issued containing the details of the amount debited for the various services along with service tax. On the basis of these debit advices each dated 29.08.2008, the appellant took cenvat credit of Rs.87,857/- in September, 2008. There is no dispute that each of the debit advice issued by the bank mentions the bank's service tax registration no, customer's name i.e. name of the appellant, nature of the service rendered, and the fees charged along with service tax and education cess. The department, however, was of the view that the appellant are not el....

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....n'ble Gujarat High Court in the case of Vimal Enterprises Vs. Union of India reported in 2006 (195) ELT 267 (Gujarat), wherein it was held that cenvat credit cannot be denied to an assessee for the faults for which the assessee is not responsible, that the documents on the basis of which the cenvat credit has been availed are valid documents as each debit advice contains the name of the service provider along with registration no., the nature of the service, and the amount charged along with service tax, that these debit advices are also to be treated as valid documents in view of the provisions of Rule 4A, according to which in case when the service provider is banking company or financial institution, the documents valid for cenvat credit....