Held - The only issue to be decided is whether the appellant is eligible to avail cenvat credit on the input services used in the construction of services of the commercial complex which are ultimately being rented out on which service tax is being discharged. This issue is no longer res integra in as much as it stands settled by various decisions of the Tribunal and the Principal Bench in the case of Bharti Realty.....

Held -  I find that a manufacturer of excisable goods can take credit of CENVAT paid on input services and there is no such requirement for one to one co-relation and there is no bar on the utilization of CENVAT credit availed on input services for payment of tax on excisable goods so manufactured and cleared. 

Credit accumulated by the service provider or manufacturer on the input services availed as well as inputs is availabl.....

Held - Section 16(1) of the CGST Act only states the eligibility and conditions for taking ITC. It does not impose any restriction on utilisation of the legitimately earned ITC. It does not prescribe that ITC available in electronic credit ledger to be utilized only for the specific outward supply, on whose inputs such ITC was availed.

Section 16(1) nowhere mandates to prove one.....

Held - For the applicant, to be eligible to take input tax credit on any supply of goods or services, the same has to be used or should be intended to be used in the course or furtherance of his business i.e. the nexus/connection between the inputs and the final products manufactured from these inputs is required to be proved. For example, inputs such as dores of gold, silver etc. procured by the applicant are used.....

Held - We find that the cases referred to are not exactly on the similar fact of circumstances. However, they decide the general principles that in respect of utilisation of credit there is no one to one correlation and cross utilisation of Credit is permissible clarification from 10.9.2004. CBEC vide Letter F. No. 381/23/2010/862 dated 30.03.2010, clarified that CENVAT credit on inputs, capital goods and input ser.....

Held: The Order-in-Original relies on Rule 3(1) and Rule 3(4) of the Cenvat Credit Rules, 2004 and held that the manufacturer cannot use credit availed to discharge Service Tax liability as Service Tax provider in absence of any nexus. I find that there is no such requirement for a person to keep separate Cenvat credit accounts for manufacturing and service activities. Rule 3(1) of the Cenvat Credit Rules provides .....