Just a moment...

Report
FeedbackReport
Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home /

2019 (7) TMI 1246

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt : Mr. H.C. Saini, DR For The Respondent : Ms. Ashmita Nayak And Mr. R.K. Ranjan, Advocates ORDER PER: RACHNA GUPTA The appellants are engaged in manufacture of excisable goods and are discharging Central Excise duty on clearances of goods and also availing cenvat credit on input services. However, Department observed that appellant has availed cenvat credit of service tax which was paid o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f the Department that the sales Commission Services have already been denied to be the input services and the assesse has already been held to not to be entitled for the cenvat credit on the sales Commission Services. Decision of High Court of Gujarat in the case Astik Dyestuff Pvt. Ltd. Vs. C.C.E. Customs 2014 (34) STR 814(Guj.)is being relied upon. It is further submitted that an Appeal has been....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... hearing both the parties and perusing the case law as relied upon by the parties, it is observed that the Hon'ble High Court Gujarat in Astik Dyestuff Pvt. Ltd.(supra) has relied upon C.C.E., Ahmedabad Vs. Cadila Healthcare Ltd. 2013 (4) STR 3(Guj.) however Hon'ble High Court of Punjab and Haryana in the case Ambika Overseas reported in 2012 (25) STR 348 had given a contradictory decision. It is ....