Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2012 (12) TMI 141

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ges, commission on export sales, material handling charges, terminal handling charges, Bank Commission charges and Aviation charges have been availed by the appellant as input service – CENVAT credit has been denied to the appellant on the ground that the above stated services do not qualify within the definition of input services as per Rule 2(I) of CENVAT Credit Rules, 2004 - Held that:- Assesse .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... es namely clearing charges, commission on export sales, material handling charges, terminal handling charges, Bank Commission charges and Aviation charges have been availed by the appellant as input service. The above services do not qualify as input service as per Rule 2(1) of CENVAT Credit Rules, 2004. Therefore, a show-cause notice was issued for reversing the CENVAT credit availed by the appel .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f CENVAT credit on the above services beyond the place of removal to the department. In fact the appellant is an exporter, during the course of export of goods, they have taken the CENVAT credit on these services which are of the nature of services availed after clearance from their factory. 5. The learned Counsel during the course of arguments, submitted that all these services are admissib .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 512 (T) 13. Aditya Birla Nuvo Ltd. - 2009 (14) S.T.R. 304 (T) = 2012 (277) E.L.T. 188 (T) 14. Rohit Surfactants Ltd. - 2009 (15) S.T.R. 169 (T) = 2009 (240) E.L.T. 472 (T) 15. Ahmednagar Forgings - 2011 (23) S.T.R. 261 (T) 16. Madhu Steels - 2009 (14) S.T.R. 798 (T) 17. Force Motors Ltd. - 2009 (13) S.T.R. 692 (T) 18. Force Motors Ltd. - 2009 (16) S.T.R. 591 (T) = 2009 (245) E.L.T. 698 (T) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates