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2014 (1) TMI 95

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..... This appeal is filed by Revenue against the Order-in-Appeal No.105/SVS/GGN/2013, dated 18.02.2011 passed by Commissioner (Appeals), Gurgaon. 2. The brief facts of the case are that M/s. Eitek SG8 Pvt. Ltd., (hereinafter referred to as respondents), are engaged in manufacture of 'Rectifier Power Supply System and parts' failing under Chapter Heading 85041010 and 85049090 of the First Schedule to .....

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..... The Revenue has challenged the impugned order in the present appeal. 3. Heard both sides. 4. After hearing both the sides, I find that in the Show Cause Notice dated 12.05.2011 it was alleged by the Department that "Rent Services" did not appear to be input services as these services are not used by the respondents directly or indirectly in or relation to the manufacture of their final products .....

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..... ing of immovable property located at 390-391, Udyog Vihar, Phase-iV, Gurgaon has no connection with the manufacturing activity of the respondents at the registered premises located at 362, Pace City-II, Sectior-37, Gurgaon. The respondents challenged the order before the Commissioner (Appeals), who allowed their appeal relying on Tribunal's decision in the case of Jeans Knit Pvt. Ltd. Vs. Commissi .....

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..... in support of their contention that the manufacturing activities were taking place on that premises also. Therefore, since that activity of manufacture was taking place in the premises located on 390-391, Udyog Vihar, Gurgaon benefit of CENVAT credit cannot be denied to the respondents. Accordingly. I do not find any infirmity in the findings of the Commisioner (Appeals) and I uphold the same and .....

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