TaxTMI 
TaxTMI 
2018 (2) TMI 129
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.... goods manufactured in India and further issue is whether the entire cenvat credit taken can be used even when no separate account has been maintained in respect of receipt and consumption of common input service used in the manufacture of dutiable final product or in providing output taxable services and such input services are also used for manufacture of exempted final products or for providing exempted services. 2. The brief facts are that the respondent (now known as M/s 63 Moons technologies Pvt Ltd is engaged in the business of manufacture of packaged and non-packaged/customized computer software from the said premises. The respondent also provides the services of Maintenance and Support of such software sold from such premises. T....
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....ws: Sr No Nature Tax paid 2006-07 (Income ) 2007-08 (Income) 1 Dutiable (packaged software) Excise Duty 43,90,18,326 /- 63,13,26,396/- 2 Exempted Goods ( Customized Software) No Tax paid 23,92,38,900 /- 23,80,90,786 / - 3 Services Service Tax 18,79,66,804 /- 43,13,66,523 /- Total 86,62,24,031 /- 130,07,83,705 / 2.4 The respondent received the show cause notice no. F.No. V-(Adj)(Misc) 30-25/2008/241 dated 02-05-2008 whereby the cenvat credit availed of the service tax paid on the services received in relation to the FCCB issue is sought to be denied primarily on the ground that the No-correlation has been provided nor any documentary proof has been pr....
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....spectus/circular of the respondent which mentions the company intends to use the net proceeds of this offering (FCCB) for the implementation of the group's business plans relating to development centres at Mumbai and Goa, including the purchase of land for captive use and construction of facilities, for overseas direct investments in new joint ventures and/or wholly owned subsidiaries, for capital expenditure for technology upgrade and any other use permitted under the applicable laws and regulations. The learned Commissioner has wrongly concluded that the activity of issuing FCCB for which taxable services under the head banking and other financial services was received, is squarely covered under the definition of input service and was....
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....input services were not used for the manufacturing business activities in India. The order has been passed taking into consideration of the evidences produced to substantiate the receipt and consumption of input services. Thus the department appeal needs to be set aside. 4.2 The ld. Commissioner in para 4.2 has further held that it is an undisputed fact that FCCB have been issued for the expansion of their manufacturing business and providing service in India. The revenue in their grounds of appeal had not adduced any evidence to prove the contrary, therefore, the basis of filing the Revenue appeal is not correct. Thus, the credit is admissible to the respondent and the department's appeal needs to be set aside. The respondent has su....
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....Tri. - Del.) III SAMTEL (INDIA) LTD. - 2002 (148) E.L.T. 468 (Tri. - Del.) IV MAHINDRA AND MAHINDRA LTD. - 2001 (127) E.L.T. 247 (Tri. - Mum.) V JINDAL STAINLESS LTD. - 2015 (329) E.L.T. 302 (Tri. - Del.) VI AMUL CRANKSHAFT PVT. LTD. - 2016 (341) E.L.T. 433 (Tri. - Ahmd.) VII MOTHERSON SUMI ELECTRIC WIRES - 2012 (278) E.L.T. 177 (Kar.) 4.5 Without prejudice to the above, the Jurisdiction to issue SCN is that the input service distributor. The para 2 of the SCN admits that the credit is availed on the ISD invoices. Therefore, the determination of the eligibility as well as correctness of the credit has to be seen at the end of the ISD and not at the end of the respondent's unit who has....