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2024 (4) TMI 395 - AT - Service Tax


Issues involved:
The issue in this appeal is whether the appellant has rightly taken credit of input service tax.

Details of the judgment:
The appellant, a partnership firm engaged in providing Cable TV service, was found to have not filed regular returns and was issued summons to furnish financial statements and other documents. It was revealed that the appellant was liable to service tax for various services provided. The appellant had maintained regular books of accounts and had paid service tax using Cenvat credit. However, Revenue contended that the Cenvat credit was irregularly taken and utilized, leading to a show cause notice (SCN) being issued. The appellant contested the SCN, emphasizing that they maintained proper records and regularly paid service tax. The Commissioner confirmed the demand raised in the SCN, leading the appellant to appeal before the Tribunal.

The Tribunal noted that the appellant had maintained proper books of accounts audited by a Chartered Accountant and had regularly taken Cenvat credit of input service tax within the prescribed period. The confusion arose due to the reflection of input tax credit under a specific account head. The Tribunal held that the appellant had complied with the rules regarding Cenvat credit and set aside the impugned order. The appellant was entitled to consequential benefits.

Separate Judgment delivered by the Judges:
None.

 

 

 

 

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