2015 (8) TMI 1133 - AT - Service Tax

Denial of CENVAT Credit - whether a manufacture having CENVAT Credit balance in the CENVAT account and utilize the credit for payment of Service Tax on Goods Transport by Road on inward freight and Technical Assistance Service received from a foreign service provider during the period March 2005 to May 2006 - Held that - issue is no more res-integra in view of the decision of the Hon ble Gujarat High Court in the case of Commissioner of Central Excise & Customs Vs Panchmahal Steel Ltd - 2014 (12) TMI 876 - GUJARAT HIGH COURT which has upheld the decision of the Larger Bench of the Tribunal in the case of M/s Panchmahal Steel Ltd Vs Commissioner of Central Excise, Vadodara - 2014 (4) TMI 490 - CESTAT AHMEDABAD , identical issue, in favour of the assessee. - impugned order is set aside - Decided in favour of assessee.

Summary

The Appellate Tribunal CESTAT Ahmedabad ruled in favor of the appellant, allowing the appeal and setting aside the impugned order. The issue was whether a manufacturer with CENVAT Credit balance can use the credit for paying Service Tax on certain services. The decision was based on a previous ruling by the Hon'ble Gujarat High Court. The application for extension of stay order was dismissed as infructuous.