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1 - 10 of 27 (1.32 seconds)Section 66 in The Finance Act, 2018 [Entire Act]
Finance Act, 1999
The Right to Information Act, 2005
The Commissioner Of Customs & Central ... vs M/S. Ultratech Cements Ltd on 8 October, 2012
14. Rule 3 of the 2004 Rules deals with CENVAT Credit.
The portion relevant for the purposes of this appeal
provides that a provider of taxable service shall be
allowed to take credit to be called CENVAT Credit on any
input service by the provider of output service. Sub-rule
(4) of rule 3 provides that the CENVAT Credit may be
utilized for payment of service tax on any output service.
7.1. Further, we find that Rule 3 of CCR, 2004 deals with CENVAT
credit and the relevant portion for the purpose of the appeal
provides that a provider of taxable service shall be allowed to take
credit to be called CENVAT credit on any input service by the
provider of output service. Sub Rule (4) of Rule 3 provides that the
CENVAT credit may be utilized for payment of service tax of any
input service. Further, we find that the definition of Input, Input
Service has been considered by the Hon'ble Bombay High Court in
the case of Ultratech Cement Ltd. (supra) wherein the Hon'ble High
Court, in Para 34, held that:
M/S Whirlpool Of India Ltd vs Cce & St, New Delhi on 3 December, 2015
Ltd. Vs Commr. Of ST, New Delhi - 2020 (41) GSTL
372
Deepak Fertilizerrs & Petrochemicals Corpn. Ltd. Vs
CCE - ST/85752/2014
VITP Private Limited Vs Commr. Of Central Tax,
Hyderabad-IV - ST/27964/2013
CCE Vs Deloitte Tax Services India Pvt. Ltd. - 2008
(11) STR 266
DLF Cyber City Developers Ltd. Vs CCE, Delhi-IV -
Vitp Private Limited, Hyderabad vs Dy. Commissioner Of Income Tax , ... on 3 August, 2022
7.3. Further, we find that in the case of M/s VITP Private Limited
(supra), the Tribunal relying on the judgement of the Principal
Bench in the case of M/s Regency Park Property Management
Services Pvt. Ltd. (supra) held that we are inclined to allow the
CENVAT credit of input services as availed by the appellant for
construction of immovable property which was further let out to
various customers. Further, we find that in the appellant's case in
11 ST/3090/2012
Appeal No. ST/60752/2017, this Tribunal allowed the appeal vide
Final Order No. A/60018/2018 dated 03.10.2018 and under Para 9,
it has been held that as all the inputs/ input services has been used
by the appellant for construction of a building which has been let out
by the appellant and paying service tax thereon under the category
to 'Renting of Immovable Property Service'. We also find that in the
case of the sister concern of the appellant, this Tribunal, vide its
Final Order No. A/62037-62038/2018 dated 22.03.2018, held that
as the issue has already been decided by this Tribunal holding that
any inputs, input service and capital goods used for providing output
service viz. 'Renting of Immovable Property Service', the assessee is
entitled to avail CENVAT credit.
Commissioner Of Customs Central Excise ... vs M/S. Deloitte Support Services India ... on 15 December, 2014
7.4. We also find that this decision of the Tribunal was challenged
by the Revenue before the Hon'ble High Court of Punjab & Haryana
and the Hon'ble High Court, after considering the various provisions
of CENVAT credit and after relying its earlier decision in the case of
M/s Bellsonica Auto Components India Pvt. Ltd. (supra), dismissed
the appeal of the Revenue. It is pertinent to reproduce the relevant
findings of the Hon'ble High Court as under:
D L F Promenade Ltd vs Commissioner, Service Tax-Delhi on 29 January, 2020
STA-11-2021 (O&M)
DLF Promenade Ltd. Vs Commr. Of Service Tax, -
Hindustan Zinc Ltd vs Commissioner, Central Excise &Amp ... on 2 February, 2022
Schneider Electric India Pvt. Ltd. v. Commissioner
of Service Tax, Delhi (2023) 9 Centax 362 (Tri.-
Chan)
Pidilite Industries P. Ltd. v. Collector of Customs
1990 (50) E.L.T. 577 (Tribunal)
M/s Hindustan Zinc Ltd. v. The Commissioner,
Central Excise and CGST, Commissionerate - Final
Order No. 50649-50661/2025 dated 13.05.2025-