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TMI Blog2016 (10) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... nts in the decision of M/s Virtusa (India) Pvt. Ltd. Versus The Commissioner C,C.E & ST, Hyderabad [2016 (6) TMI 676 - CESTAT HYDERABAD]. With respect to security agency services and air travel agent services, these also have been held as eligible input services in a number of decisions and in any case, it cannot be disputed that these are essential services required by the appellant. Quantum o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants for the periods July 2010 to September 2010 and October 2010 to December 2010 with respect to service tax paid on various input services used for export of information technology towards services, in terms of Rule 5 of the CENVAT Credit Rules, 2004 as amended read with Notification No. 05/2006-CE (NT). Original authority held that both the claims are not in compliance with Rule 5 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, instead of taking the total CENVAT Credit on input services he has adopted a figure of amount relating to total unutilized credit on input services. Ld. Counsel submits that Tribunal decision in the case of D.E. Shaw India Software case [2016-TIOL-1590-CESTAT-HYD] has held that total credit taken has to be applied to compute the refund credit. Ld. Counsel also submits that the period involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umber of decisions and in any case, it cannot be disputed that these are essential services required by the appellant. 5. With respect to Ld. Counsel s contention on the wrong calculation adopted by original authority I find that the arguments succeds on merits. The eligible refund will therefore required to be re-calculated after considering all the input services availed by the appellant as e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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