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TMI Blog2017 (7) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Bhayana Builders Pvt. Ltd. [2013 (9) TMI 294 - CESTAT NEW DELHI (LB)] wherein the Larger Bench of the Tribunal held that the items supplied free of cost by the recipient of service have no relevance to consider the gross valuation of the taxable service for the purpose of N/N. 01/2006-ST. Appeal allowed - decided in favor of appellant. - Service Tax Appeal No.751 of 2012 - ST/A/54523/2017-CU[DB] - Dated:- 23-6-2017 - Mr. (Dr.) Satish Chandra, President And Mr. B. Ravichandran, Member (Technical) (Rep by Sh. Rachit Jain, Adv.), For the Appellants (Rep. by Sh. Amresh Jain, DR), For the Respondent ORDER Per: B. Ravichandran The present appeal is filed by the assessee-Appellants against the order-i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... second issue regarding their entitlement for Notification No.1/2006-ST, it is submitted that the denial of exemption is on the ground that they have availed the Cenvat Credit on input services and as such barred from such exemption. It is submitted that they have reversed the entire credit of Service Tax demand on input services along with applicable interest; hence they have complied with the condition of the said Notification. He also placed reliance on the various decisions of the Tribunal to state that such reversal, even made subsequently, will satisfy the condition of the Notification. 5. The learned DR for the Revenue reiterates the findings of the original authority. 6. We have heard both sides and perused the record. We are i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reversal of availed credit along with applicable interest on 20.09.2013. Following the ratio of the Hon ble Supreme Court in Chandarpur Manget (supra) and Hon ble Allahabad High Court in Hello Mineral Water Pvt. Ltd. (supra) and the Tribunal s decision in Franco Italian Co. Pvt. Ltd., we find that the appellant is eligible for abated rate of duty as they have reversed the cenvat credit availed during the material time, fully. As such, the bar on claiming on such exemption is no more applicable. Accordingly, we hold that the impugned order of denial of exemption is to be set aside. 7. In view of the above settled legal position, we find that the impugned order is not sustainable. Accordingly, we set aside the same and allow the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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