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M/S Vaidyanath Urban Co-Operative Bank ... vs Commissioner Of Central Excise, ... on 14 July, 2014 cites

Jost S Engineering Co. Ltd vs Commissioner Of Central Excise, ... on 14 February, 2013

5. Considering that the issue is full covered by Josts Engineering (supra) and in the case of Nagar Urban Co-operative Bank Ltd. (supra), I find that the appellants case is squarely covered. Further, the aforementioned ruling was not available before the adjudicating authority at the time of passing of the impugned order and rulings were pronounced subsequently. In this view of matter and after recording the finding that the appellants case are covered by these two rulings, I remand the matter back to the adjudicating authority with a direction to verify the amount of CENVAT Credit reversed. If the same is found to be short then the appellant may be allowed an opportunity to reverse the amount alongwith interest. It is also held that the Banking and other Financial Service, which are the output service of the appellant are not fully exempted and accordingly, do not fall under the category of exempt service as defined under Rule 2(e) of the Cenvat Credit Rules, 2004.
Custom, Excise & Service Tax Tribunal Cites 6 - Cited by 5 - Full Document
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