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Excise Duty

Classification of Service cannot be disputed at the recipient End

Case Law Details

Case Name
Gulf Oil Corporation Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)
Date of Judgement/Order
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Gulf Oil Corporation Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that the cenvat credit was denied to appellant on the ground that service being classifiable under Sponsorship Service, the appellant was supposed to discharge the service tax under GR-7 Challan. We find that the service provider M/s. K.P.H. Dream Cricket Pvt. Ltd. has classified the service under Business Auxiliary Service, in such case it is the service provider who is suppose to pay the service tax and the appellant can take the cenvat credit only on the basis of invoice issued by the service provider. The entire b...
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