2018 (11) TMI 1371

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....d by them under provisions of the CENVAT Credit Rules (CCR), 2004. 2. During the course of verification of records, it was noticed that the appellant availed service tax credit to the tune of Rs. 4,10,691/- on various services for the period April, 2014 to November, 2014. A Show Cause Notice dated 07.05.2015 was issued to the appellants alleging that the services on which credit had been availed were not eligible input services in terms of Rule 2(l) of CCR and thereby proposed to recover the wrongly availed credit. After due process of law, the lower adjudicating authority vide Order-in-Original dated 15.02.2016 confirmed the demand of Rs. 1,39,686/- on Cable Erection Work, Transformer Service, Service relating to removal of DSS, service r....

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....e table, Ld. Advocate submitted that the same has already been considered and laid to rest by the decisions of the Mumbai Bench of the Tribunal in the cases of C.C.E., Nagpur Vs. Ultratech Cement. Ltd. - 2011 (21) S.T.R. 297 (Tri. - Mum) and C.C.E., Nagpur Vs. Ultratech Cement Ltd. - 2012 (278) E.L.T. 523 (Tri. - Mum.). He thus prayed that the credit with respect to these Electrical Services be allowed. 4.3 With regard to the Renting of Immovable Property Service in Sl. No. 2, he submitted that the appellant had rented a warehouse located outside the factory premises; that the same was used for keeping the excisable goods/finished products before the same were delivered to the customer. He further argued that the appellants contracted with....

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....lowing CENVAT Credit on the rent paid for a place where the goods had been stored subsequent to their clearance from the factory gate. 6. I have heard the rival contentions, perused the materials placed on record and have also gone through the judgements referred to during the course of arguments. 7. I find that the issue with regard to Electrical Services is no more res integra as the same has been decided by the decision of the Mumbai Bench of the Tribunal relied on by the Ld. Advocate in the cases of Ultratech Cement Ltd. (supra) for two different periods, wherein the Tribunal has allowed the Credit on input services like construction, erection, installation and maintenance and repairs, etc. Following the same, I am of the view that th....

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....ded by Tribunal in number of cases laying down that the same would constitute a part of the 'Man-power Service'. There are various Commissionerate circulars also laying down that the service tax is required to be paid on the value including EPF and ESI contributions. 5. The Commissioner (Appeals) has observed that such decisions of the Tribunal are laid down the law only in respect of the value of the taxable service and while granting credit to the service recipient, such value has to be restricted only to the actual value of the service. I find no merits in the above reasoning of the learned appellate authority. Admittedly, services received by the appellant are 'Security and Man-power Supply Services'. As such, whatever tax has been pa....