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

2015 (12) TMI 813

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ng banking and financial services. It can be nobody’s case that the currency chest was not used to provide their output service viz. banking and financial services, inasmuch as such cash is required for providing various services which are covered under banking and financial services (as mentioned in para 2(iv) above. It is the appellants choice in how much safety they want to keep their cash and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... - Dated:- 13-2-2015 - Shri R.K. Singh, Member (T) Shri Pradeep Mutreja, CA, for the Assessee. Shri B.B. Sharma, DR, for the Department. ORDER The appellant M/s. Bank of India filed an appeal against Order-in-Appeal dated 30-5-2014 in terms of which Service Tax demand of ₹ 7,60,141/- was confirmed on account of denial of Cenvat credit on rent-a-cab service on the ground .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t service definition is inclusive and as held in the case of Jaypee Sidhi Cement Plant v. C.C.E., Bhopal - 2014 (2008) L.C.X. 0088, even services in relation to maintenance and first aid box have been allowed as input service. (iv) They need currency chest to provide their banking and financial service inasmuch as they need cash to provide such banking and financial services in respect of f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... h chest service is not a taxable service at all under the Finance Act, 1994 and therefore to say that it is an exempted service defies logic inasmuch a service can be exempted only if it is taxable to begin with. Even if it is presumed for the sake of argument that currency chest service is an exempted service, it has not been brought out as to whom they were providing the so called currency chest .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and rent-a-cab service), hiring security vans are clearly required for such cash management/transfer and therefore, they are clearly within the ambit of input services . 5. In these circumstances, it is clear that the impugned services constitutes input service in respect of the appellants non-exempt output service. Accordingly, the impugned input credit is clearly admissible which makes the .....

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