Search Results Page
Search Results
1 - 4 of 4 (0.19 seconds)The Central Excise Act, 1944
Section 83 in Finance Act, 1999 [Entire Act]
M/S. Alembic Limited vs Commissioner Of Central Excise & S.T., ... on 19 May, 2015
5. I have perused the appeal paper book, relevant provisions of
law, relied upon judicial decisions on the issue and other material
available on record. Going by the judicial precedent that emerged
through interpretation of the provision of law, there can be no
second opinion that credit eligibility is to be examined as on the date
receipt of input services and it is not governed by latter development
such as portion of property getting converted into immovable
property after receipt of completion certificate as could be noticed
from para 12 and 14 of the relied upon judgment passed in the case
of M/s. Alembic Ltd. Vs. Commissioner of Central Excise and Service
Tax, Vadodara-I reported in 2019-TIOL-358-CESTAT-AHM.
Otherwise also going by the provision of law such sale of immovable
property having been excluded by statute namely by the Finance Act,
1994, under Section 65B(44) from the definition of service that is
apparently done taking the constitutional mandate available under
Section 366(29) of the Constitution of India, including the same as a
component of exempted service through Explanation-3 added to
ST/86853/2021
5
Rule, 6 of the CENVAT Credit Rules, 2004 can't be said to be a validly
legislated rule in view of operation of Section 38A of the Central
Excise Act, equally applicable to Service Tax matters as covered
under Section 83 of the Finance Act, 1994. Hence the order.
1