9911796707
TMI Blog2014 (8) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... other words, a manufacturer/input service provider can avail Cenvat credit of the Service Tax paid irrespective of any time limitation. The only condition to be satisfied is that they should have paid the Service Tax prior to availing the credit. So long as this condition is satisfied, there is no time-limit prescribed in the Rule within which the Cenvat credit has to be taken. If that be so, there is no reason why in the case of input service distributor alone, a restriction should be placed with respect to availment of Cenvat credit i.e. input service distributor is permitted to distribute only taxes paid on or after registration. Such a restriction is totally unwarranted and is not provided for in the law - Decided in favour of assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, the appellant could not have distributed the credit in respect of the taxes paid. The appellant was also imposed with a penalty of an equivalent amount. The appellant preferred an appeal before the lower Appellate Authority who dismissed their appeal, hence the appellant is before me. 4. The learned Consultant for the appellant submits that they have registered as input service distributor as per the provisions of Rule 4A of the Service Tax Rules, 1994. Sub-rule (2) to the said Rule says that once a person has registered as an input service distributor, he can distribute the credit by issuing serially numbered and dated invoices/bills indicating therein the name, address and registration number of person providing input services, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... words, a manufacturer/input service provider can avail Cenvat credit of the Service Tax paid irrespective of any time limitation. The only condition to be satisfied is that they should have paid the Service Tax prior to availing the credit. So long as this condition is satisfied, there is no time-limit prescribed in the Rule within which the Cenvat credit has to be taken. If that be so, there is no reason why in the case of input service distributor alone, a restriction should be placed with respect to availment of Cenvat credit i.e. input service distributor is permitted to distribute only taxes paid on or after registration. Such a restriction is totally unwarranted and is not provided for in the law. Therefore the order passed by the lo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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