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Cenvat credit on loan processing fee for acquiring the Bldg

This query is : Resolved 
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(Querist)
02 July 2009 Dear All,

We are a BPO providing the export services. I have taken the cenvat credit of service tax paid on loan processing fees charges for loan taken to acquire the property. The same we have taken in refund claim filed with the service tax dept.

The dept is disputing the same as saying that it is not the input services according to Rule 5 . Please provide any case law in support for this argument.

Regards,
Manish
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NISHIT A. DOSHI

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NISHIT A. DOSHI (Expert)
03 July 2009 According to me,department is correct in raising their argument.

WITH REGRDS,
C.A.NISHIT DOSHI
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