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TMI Blog2007 (9) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... utilization of credit – as per explanation to the definition of ‘Output Service’ u/r 2(p) CCR, GTA Service on which the assessee paid the service tax should be deemed to be their ‘Output Service’ – credit utilization was justified – assessee’s appeal allowed - S/129/2007 - 1216/2007 - Dated:- 21-9-2007 - P.G. CHACKO, JUDICIAL MEMBER ORDER 1. After examining the records and hearing bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... input services. The department objected to such utilization of credit. Both the lower authorities sustained this objection and demanded Rs. 50,678 from the party under section 73 of the Finance Act, 1994. However, the penalty imposed on the party by the original authority was vacated by the appellate authority. The present appeal is directed against denial of the CENVAT Credit. 3. After consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax paid on any input service and/or credit of duty paid on any input or capital goods could be validly availed. In the result, in the cited case, the CENVAT credit in question was allowed to the assessee. A similar view was taken by this Bench in the case of M.M.S. Steels Ltd. v. CCE 2007 - TIOL- 1317 also. As rightly pointed out by learned counsel, the period of dispute in the present case b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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