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

2018 (5) TMI 1047

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the manufacturing factory - credit cannot be denied. Insurance service - Held that: - it is undisputed that the insurance is in respect of factory premises and plant machinery - similar issue decided in the case of Commissioner of Central Excise, Delhi -III v. Suzuki Motorcycle India Pvt Ltd [2016 (9) TMI 576 - CESTAT CHANDIGARH] wherein the bench has held that such credit of service tax is el .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . The issue involved in this appeal is regarding eligibility to avail CENVAT credit of service tax paid during the period May 2011 to March 2015 on the 'rent-a-cab service', 'insurance service' and 'waste management service'. It is the case of the Revenue that these services are not covered under the definition of 'input service' under rule 2(l) of CENVAT Credit Rul .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ich they would not get permission to manufacture final products within the factory premises. 4. On careful consideration of the submissions made by both the sides and on perusal of the records, I find that the issue involved in this appeal is squarely covered by various decisions. As regards 'rent-a-cab service', it is undisputed that the services were utilised for picking and dropping .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ner of Central Excise, Delhi - V 2015 (40) SIR 345 (Tri.-Del.); Sarita Handa Exports (P) Ltd v. Commissioner of Central Excise, Gurgaon-II 2016 (44) STR 654 (Tri.chan.) and Commissioner of Central Excise, Delhi -III v. Suzuki Motorcycle India Pvt Ltd 2017 (47) STR 85 (Tri.Chen.) wherein the bench has held that such credit of service tax is eligible to be availed by the manufacturer. I do not .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he Environment Act if not met then the factory would be closed down, this is the ratio in the case of Tube Investment of India Ltd v. Commissioner of Service Tax, LTU, Chennai 2017-TIOL-4129-CESTAT-MAD and Pudamjee and Paper Mills Ltd v. Commissioner of Central Excise, Mumbai -II 2017-TIOL-4542-CESTAT-MUM. I do not find any reason to from such view already taken. 7. In view of the foregoing .....

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