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TMI Blog2018 (6) TMI 635X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal earlier by Final Order No. 40197/2016 dated 5.2.2016 whereby the Tribunal allowed the appeal filed by the appellant herein. The department preferred an appeal before the High Court and vide judgment dated 7.7.2017, the matter was remanded to the Tribunal for reconsideration. The Hon'ble High Court had directed to dispose of the appeal within a period of two months from the date of recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ambit Corporate Finance Ltd., management consultancy, the appellants transferred five of their manufacturing units to another company namely Bright Auto Plast Pvt. Ltd. For rendering management consultancy services, Ambit had raised invoices including the payment of service tax on such services. The Head Office of the appellant which is an ISD distributed the credit to the appellant units situat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he definition of service tax as the word "financing" is mentioned in the inclusive part of the definition. He relied upon the decision of the Tribunal in the case of Tamilnadu Petroproducts Ltd. - 2017 (52) ELT 427 (Tri. Chennai) and submitted that the Tribunal in the said case had allowed the credit availed on financial consultancy / advice services availed by the assessee. He argued that the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the appellant and therefore the authorities below have rightly rejected the credit. He relied upon the decision in the case of Commissioner of Central Excise Vs. Gujarat Heavy Chemicals Ltd. - 2011 (22) STR 610 (Guj.) and argued that the Hon'ble High Court in the said case has relied upon the decision of the Hon'ble Supreme Court in the case of Maruti Suzuki Ltd. - 2009 (240) ELT 641 (SC). That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate Finance Ltd. for the purposes of selling their automotive component division to raise funds. Raising funds is nothing but obtaining finance for the appellant-company. Such activity is definitely integrally connected to the manufacturing activity of the company. In any case, it would fall within the cover of activities relating to business of manufacture. 7. From the above discussions, I am o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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