Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

2018 (1) TMI 299

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ar, A.R. for the Respondent(s) ORDER Per: Ashok Jindal The appellant is in appeal against the impugned order wherein the input service credit has been denied to them for the period August 2010 to June 2015. 2. The brief facts of the case are that the show cause notice was issued to the appellant to deny Cenvat credit on the following issues:- (a) Wrong distribution and utilisation of Cenvat ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rt has been received by the head office for the other units but the units was not utilising the said service. Therefore, it was sought to be denied to the appellant but as per the Rule 7, there is no bar for distribution of credit for the period prior to 01.04.2012, hence, I hold that the Cenvat credit cannot be denied. For the further period, I find that the said issue has been examined by this ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ction imposed in rule 7(d)." Therefore, relying on the decision of Vishnu Chemicals Limited (supra), I hold that appellant is entitled to avail Cenvat credit. Therefore, on that account, the Cenvat credit of Rs. 26,80,974/- is allowed to the appellant. (b) Wrong availment of Cenvat credit of office situated in Mumbai - renting services. : Cenvat credit is sought to be denied to the appellant on ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t was sought to be denied to the appellant, post 01.04.2011 on the ground that after the amendment to Rule 2(l) of the Cenvat Credit Rules, 2004, for the Construction Services, the appellant is not entitled to avail Cenvat credit. I find that, in this case, it is a fact on record that these services are for repairs and maintenance of old factory building of the appellant and the inclusive part o....