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TMI BlogCENVAT Credit on past period service tax paymentX X X X Extracts X X X X X X X X Extracts X X X X ..... CENVAT Credit on past period service tax payment X X X X Extracts X X X X X X X X Extracts X X X X ..... During our Head Quarter Audit this point was raised , that Service Provider is liable to pay service tax thereon. On the basis of the above information Service Tax Officers of Preventive Branch searched the premises of the service provider and after that issued a show-cause notice to the service provider for payment of said service tax of Rs. 4,47,287/- and imposed penalty under section 76,77 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 78 of the Finance Act. Out of the said demand Rs. 1,49,568/- accepted and paid by the service provider. However , the total demand confirmed along with penalty ,as above. The Service Provider has filed an appeal before the Commissioner Appeal, Indore. The Hon'ble Commissioner has appropriated the amount of Rs. 1,49,568/- as acepted by the Service Provider and set aside the rest demand along wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h penalty e, on the ground that that the said demand is not covered under the " Management , Maintenance and Repair Service, and reject the charge to intent to evade of tax payment by service provider. -Service Provider has been instisting for payment of service tax of Rs. 1,49,568, on the basis of the above order and the copy of Service Tax paymnet Challans; Now Query is that:- 1- Are we entit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led to avail CENVAT Credit e , as above,on the basis of the said service tax challan; 2- Is there any need to get Supplimentry Invoice; 3- Is ther any chances to issue SCN by our Range office after availment of CENVAT Credit of Service Tax. Regards Pradeep Jain Reply By Pradeep Khatri: The Reply: Since the amount of service tax has been deposited after issuance of Show Cause Notice, and aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the litigation proceeding, hence no CENVAT credit will be available to you. The amount recovered by the Department will be used for Consumer welfare Fund. Since it is a Statutory obligation to pay the Taxes, therefore, you would have to pay the outstanding amount to the Service Provider. He may issue an supplimentory invoice. But you may deny him for penalties and statutory interests. If you ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avail the CENVAT credit on such amount, then, Department will surely issue SCN in this scenario. It is advisable not to avail the CENVAT credit. Reply By Vigneshwari M: The Reply: Dear Sir, Can you pls explain further on this point? What is the relevant legal provision which says that the amount recovered by the Department will be used for Consumer Welfare Fund. Why is it not advisable to av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ail cenvat credit after the issue of SCN.
Thanks,
Vigneshwari X X X X Extracts X X X X X X X X Extracts X X X X
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