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HC : Allows cement & steel credit for jetty construction in port, despite exemption

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HC sets aside CESTAT order, allows input credit of cement & steel used in construction of jetty, to a port service provider; Rejects Revenue contention that construction of jetty being exempt service, credit unavailable under Rules 2(k) and 2(l) of CENVAT Credit Rules; Since assessee has constructed jetty through a contractor in port premises by supplying said material, input credit available thereon; Amendment to Rule 2(k) w.e.f. July 7, 2009 not clarificatory and would operate prospectively, wherever legislature wants to clarify the position, intention clearly mentioned in the Notification itself; View taken by CESTAT based on conjectures and surmises as CESTAT Larger Bench in Vandana Global Ltd used the expression that intention behind amendment was to clarify, however, there is no material to show legislative intent to clarify an existing provision  : Gujarat HC
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Guest Wednesday, 18 September 2019

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