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2017 (1) TMI 373

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..... d. It was clarified that in case of any amount retained or discounted after the invoices were issued, the credit need not be changed and full credit of service tax paid to the service provider will be eligible for credit. It is clarified that the invoice would infact stand amended to that extent - appeal allowed - decided in favor of appellant. - E/1364/2010-Ex[DB] - Final Order No. 53738/2016 - .....

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..... a part of the invoiced amount is retained by the appellant in terms of the contract as performance guarantee. Revenue, by entertaining a view that the full invoice consideration for the service has not been paid by the appellant to the service provider and hence, the service tax attributable to the money retaining cannot be allowed as credit in terms of Rule 4(7) of the Cenvat Credit Rules, 2007 .....

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..... the present case was also covered. It was clarified that in case of any amount retained or discounted after the invoices were issued, the credit need not be changed and full credit of service tax paid to the service provider will be eligible for credit. It is clarified that the invoice would infact stand amended to that extent. In the appellants own case (supra) the Tribunal referred to the s .....

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