2018 (5) TMI 289

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....er: Dr. D. M. Misra Heard the Advocate appearing for the Appellants and the ld. A.R. for the Revenue. All these two appeals, since involve a common issue, are taken up together for disposal. The principal issue involved in the present Appeal relates to the eligibility of CENVAT credit on the service tax paid on sales commission. Both sides fairly agree that the issue has been decided by the Hon'b....

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....revail over the Circular and judgment of other High Court. Also, their Lordship rejected the request of the Advocate for 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....

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....(supra) that the judgment is binding on all situated within the territorial jurisdiction of High Court, in my opinion, it would 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 - CE....