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2015 (4) TMI 363

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....Since, the issue involved is in narrow compass, after disposing the stay application the main appeal itself is taken up for disposal. 2. The brief facts of the case are that the adjudicating authority has disallowed the cenvat credit of Rs. 97,391/- as ineligible credit availed on 'Gardening and House Keeping Services'. On appeal the Commissioner (Appeals) in the impugned order partially allo....

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....eam and paying excise duty. Therefore, to maintain green cover in their factory area as per statutory requirement, it is essential to engage manpower and they are eligible to avail the input service credit. He submits that both gardening and house-keeping services are essential as per the Pollution Control Act and Drug Control Act. He relies upon the Pollution Control Board's consent Order No.....

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....nal Order No. 917-918/2010 dated 20.08.2010, wherein credit has been disallowed on gardening/landscaping etc as these services are not related to the manufacture of final products. 5. I have carefully examined the submission of both the sides. On perusal of the records, I find that the short issue to be decided is whether the appellant is eligible for availing input service credit on gardening an....