Tribunals and CommissionsDivision Bench(2015) 12 CESTAT CK 0002

Korea Plant Service & Engineering Co. Ltd. vs C.C.E., Jaipur II

Customs, Excise And Service Tax Appellate Tribunal · Decided on 3 December 2015

HON’BLE JUDGES
G. Raghuram, J · R. K. Singh, Technical Member
RESULT
Allowed
CASE NUMBER
Service Tax Appeal Nos. 508, 509 Of 2009

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Judgment

8 paragraphs · 176 words
1.

Appeals are filed against orders -in -appeal in terms of which the denial of CENVAT credit on input services relating to advertisement and

publicity, professional charges, coal unloading charges, equipment and vehicles rent, security guard services, insurance and mobile phones was upheld.

The appellant contended that it had entered into a contract with Hindustan zinc ltd for operation and maintenance of their power plant and the

impugned input services were necessary to perform its obligations under the contract and that the issue is no longer res integra in the light of the

CESTAT judgement in its own case reported at 2010 (17) STR 547 (Tri - Delhi).

2.

We have considered the contention of the appellant. We find that in the appellant's own case, similar CENVAT credit in respect of the impugned

services pertaining to a different period was allowed by CESTAT vide its judgement reported at 2010 (17) STR 547 (Tri - Delhi). In view of the said

precedent and for the reasons alike, we allow these appeals and set aside the impugned orders.