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 (7) TMI 1838

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Held that:- The undisputed fact is that the Air Travel Agents Service was used mainly for the employees of the appellant to travel for the appellant’s business purposes, which has a direct nexus between the input services and the services exported by the appellant since such travels were made by the employees on projects, assignments, etc., undertaken by the appellant for its business purposes - R .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... input services used for providing such export service. Vide Order in Original No. 281/2016 dt. 30.04.2016, the adjudicating authority allowed the refund claim except to an extent of ₹ 89,344/- on the ground that this amount pertained to Air Travel Services which, according to the AA, was an ineligible input service under the amended Rule 2(l) of CCR, 2004. Aggrieved by the disallowance, the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... at the findings of the Ld. Commissioner (Appeals) was clearly wrong as he has not appreciated the pleadings vis- -vis the documentary evidences submitted by the appellant substantiating its claim. This fact, according to the Ld. Counsel, was very much crucial, which was not available in the case laws relied upon by the Ld. Commissioner (Appeals). 3. Per contra, Ld. Department Representative (DR .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... td.Vs. Commissioner of C. Ex., Bangalore - 2013 (31) S.T.R. 441 (Tri. Bang.) Goodluck Steel Tubes Ltd. Vs. Commissioner of C. Ex. Noida - 2013 (32) S.T.R. 123 (Tri. Del.) and Robert Bosch Engg. Business Solutions Ltd. Vs. C.C.E. S.T., Bangalore- LTU - 2017 (51) S.T.R. 329 (Tri. Bang.). 5. Accordingly, I set aside the impugned order and allow the appeal with consequential relie .....

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