Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2014 (7) TMI 70

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... i Navneet, Addl. Comm. (AR) JUDGEMENT Per: P R Chandrasekharan: 1. The appeal and stay petition are directed against Order-in-Original No. 171/MAK/(171)/Commr/RGD/13-14 dated 15/01/2014 passed by Commissioner of Central Excise, Raigad Commissionerate. 2. Vide the impugned order, the learned Adjudicating authority has confirmed a duty demand of Rs. 66,55,823/- being the ineligible amount of cre .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ervices. Name and address of the input service distributors, the amount of credit. Inasmuch as the registration number of the service provider was missing, the credit was sought to be denied. The learned Counsel also submits that the services were received by the Head Office which is registered as input service distributor and the Head Office issued ISD invoices for availment of credit. His first .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Additional Commissioner (AR) appearing for the Revenue on the other hand submits that in the details given to the department with regard to the registration numbers, the invoices mentioned therein pertain to the subsequent period and therefore, it cannot be concluded that at the relevant time these service providers were registered with the department. Therefore, he pleads for putting the appella .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ther these service providers were registered with the department at the relevant time and whether they had discharged the service tax liability in accordance with the law. He has unnecessarily chosen to raise the level of litigation by denying the credit as if it is Tribunal's job to get verification done. In these circumstances, we are of the view that the matter has to be remanded back to th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates