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

2017 (2) TMI 968

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mas, A.R. for the Respondent-Revenue Per Dr. D.M. Misra: This is an appeal filed against the order-in-appeal No.SSP/68/SURAT-II/2012 dated 28.9.2012 passed by the Commissioner (Appeals). 2. Briefly stated the facts of the case are that the appellant had availed CENVAT credit of Rs. 28,14,685/-, for the period from April 2007 to July 2010, at their factory, on various services received at their .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ad office functions, wherefrom the entire manufacturing business activity of the appellant is organized, it would be difficult to carry out their business activity. Therefore, the services received at their head office namely, renting of immovable property service, printing charges, courier charges etc. are admissible to credit at their factory. He further submits that the appellants do not have m .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... accepting the argument of ld. C.A. for the appellants that these services are necessary and having nexus with the manufacturing activity, therefore, credit availed is definitely admissible to them at their factory. Also, in view of the judgment of Hon'ble High Court at Gujarat in the case of Dashion Limited (supra), non-registration of the head office as an input service distributor cannot be a f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n input service distributor from availing Cenvat credit unless and until such registration was applied and granted. It was in this background that the Tribunal viewed the requirement as curable. Particularly when it was found that full records were maintained and the irregularity, if at all, was procedural and when it was further found that the records were available for the Revenue to verify 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