cenvat on mobiles

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This query is : Resolved

agarwal ankur (Querist)
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21 April 2008 Hello,
The company has installed 12 fixed lines (base telephones)from Bsnl,Mtnl etc. These telephones are installed at the address of the directors residences
some of these connections are taken in the name of the directors of the company.
Company has availed cenvat of service tax on these telephones bills paid by the company moreover Dept. opposed to disallow cenvat avail on the bills
1- which are not in the name of the company
2- which are in the name of the company but have the address of the residence of the directors of the company.
simmiliar sitituation arise in the case of the mobile phones which in the name of the Director and having the add. of the factory and which r in the name of the company but having the add of the residence of the director .
Moreover Company has shown the residence of director as purchase office/sale office for the purpose of convienence, being away from the main city although no rent is being paid by the company for the same to the directors.
i would request to u plz advice whether the company is eligible to avail the benifit of cenvat of service tax paid on the telephones/ mobile phones plz quote the decided case laws of any circular or notification
Thanks