2018 (9) TMI 35 - AT - Service Tax

CENVAT Credit - common input/input services used for providing taxable as well as Exempted Services provided by the appellant - case of Revenue is non maintenance of separate records - Held that - In appellant own case MAGNUM VENTURES LTD. VERSUS C.C.E. GHAZIABAD 2016 (8) TMI 307 - CESTAT ALLAHABAD , Tribunal that appellant is maintaining separate account as required under Rule 6(2) of the Cenvat Credit Rules, 2004 and credit need not be reversed - demand @ 5% of the value of the exempted services is not sustainable - appeal allowed - decided in favor of appellant.

Summary

The appellate tribunal CESTAT Allahabad ruled in favor of the appellant, setting aside the impugned order demanding 5% of the value of exempted services. The tribunal found that the appellant maintained separate accounts as required by Rule 6(2) of the Cenvat Credit Rules, 2004, based on precedent decisions in the appellant's own case. The appeal was allowed with consequential relief to the appellant.