2017 (10) TMI 329

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....ants despite notice. Heard the ld. A.R. for the Revenue. The principal issue involved in the present Appeal relates to the eligibility of CENVAT credit on the service tax paid on sales commission. Ld. A.R. for the Revenue fairly agree that the issue has been decided by the Hon'ble Gujarat High Court in the case of C.C.E. Vs. Cadila Healthcare Ltd. - 2013 (30) STR 348 (Guj.) observing that sales co....

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....referring the issue to the Larger Bench of the High Court. Subsequently, an explanation was inserted to the definition of 'input service' by issuance of Notification No.2/2016 CE(NT) dated 03.02.2016. which had been interpreted by a Division Bench of this Tribunal in Essar Steel India Ltd. Vs. C.C.E. & S.T., Surat-I - 2016 (335) ELT 660 (Tri-Ahmd.) holding that the same is clarificatory in nature ....

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....uld be inappropriate, to decide the issue following the Division Bench judgment when the matter is on Board of the High Court. In similar circumstances, a Division Bench of this Tribunal in the case of Ashapura Volclay Ltd and others Vs. C.C., Jamnagar - 2017 (6) TMI 659 - CESTAT - Ahmedabad following the principle laid down by the Larger Bench, disposed of the matters, with the liberty to approac....