Wrongful transfer of credit attributable to all units by the Input Service Distributor (ISD) exclusively...

Wrongful transfer of credit attributable to all units by the Input Service Distributor (ISD) exclusively to the respondent, contravening the second proviso to Rule 3(4) of the Cenvat Credit Rules. The tribunal held that the credit of service tax paid on Clearing & Forwarding Agents Services is eligible as it is a post-manufacturing activity not used in or in relation to manufacturing goods. The proviso limiting credit availment does not apply when credit is availed based on invoices issued by ISD. The department lacks jurisdiction to question the correctness of credit distributed by ISD from the recipient merely availing credit based on ISD invoices. Services like advertisement, manpower recruitment, market research are used by all units, a..... .....

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