2017 (9) TMI 264

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....ri Arvind Baheti, CA, for the Respondent. ORDER Revenue filed this appeal against the order of the Commissioner (Appeals) where the adjudication order was set aside and the appeal of the respondent was allowed. 2. The facts of the case are that the respondent had discharged service tax on the "banking and financial services" availed from outside India under reverse charge mechanism. ....

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....n enjoyed by the assessee by utilizing Cenvat credit for payment of duty on final products. The ld. AR on behalf of the Revenue relied upon the decision of the Hon'ble Bombay High Court in the case of Indoworth (India) Ltd. v. Commissioner of Customs & Central Excise, Nagpur [2012 (27) S.T.R. 3 (Bom.)]. For the proper appreciation of the case, the said decision is reproduced below : "[Ord....

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....n. Appeal is, therefore, dismissed. No costs." 5. The moot point in this case is as to whether the respondent availed the Cenvat credit of the service tax so paid. I find that the decision of the Hon'ble Bombay High Court in the case of Indoworth (India) Ltd. v. Commissioner of Customs & Central Excise, Nagpur (supra) was placed before the Commissioner (Appeals). The findings of the Commissione....

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....t in the instant case, had paid the excess amount of service tax at the instance of audit, which was already paid by them earlier and the appellant had not availed the Cenvat credit of service tax, so paid. So, I find that ratio of above judicial pronouncement is not applicable to the facts of the instant case." 6. The respondent categorically stated that they have not availed Cenvat credi....