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Gujarat High Court

The Commissioner Of Central Excise And vs M/S Piramal Glass Ltd.....Opponent(S) on 4 February, 2016

Author: Akil Kureshi

Bench: Akil Kureshi, Mohinder Pal

                      O/TAXAP/55/2016                                                 ORDER



                         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        TAX APPEAL NO. 55 of 2016

         ==========================================================
                      THE COMMISSIONER OF CENTRAL EXCISE AND
                            CUSTOMS,BHARUCH....Appellant(s)
                                           Versus
                          M/S PIRAMAL GLASS LTD.....Opponent(s)
         ==========================================================
         Appearance:
         MR RJ OZA, ADVOCATE for the Appellant(s) No. 1
         ==========================================================

                      CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
                             and
                             HONOURABLE MR.JUSTICE MOHINDER PAL

                                             Date : 04/02/2016
                                              ORAL ORDER

(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Counsel for the Revenue pointed out that the Tribunal in the impugned judgment relied on a decision of the Bombay High Court in Commissioner of Central Excise v. Ultratech Cement Ltd. reported in 260 E.L.T.369. Against such judgment, Department has preferred an appeal. SLP has been granted. Appeal is pending.

Under the circumstances, Tax Appeal is ADMITTED for consideration of the following substantial question of law:

"(a) Whether in the facts and on the circumstances of the case, the Tribunal is justified in holding that the respondent is entitled to avail the Cenvat Credit on outdoor 'catering services' provided in the factory for employees of the factory as an input service credit."

(AKIL KURESHI, J.) Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Feb 06 01:55:48 IST 2016 O/TAXAP/55/2016 ORDER (MOHINDER PAL, J.) KMGThilake) Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Feb 06 01:55:48 IST 2016