9911796707
TMI Blog2016 (11) TMI 1532X X X X Extracts X X X X X X X X Extracts X X X X ..... is not admissible to them - Held that: - the mere fact that finally settled amount is less than the amount shown in the invoice does not alter the fact that service charges have been paid and thus the service receiver is entitled to take credit, provided he has also paid the serviced tax (whether proportionately reduced or the original amount) to the service provider - reliance placed in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in connection with a expansion of their cement plant. The contracted amount less performance guarantee money was paid to the contractors. The Revenue entertained a view that the credit of service tax proportionate to the amount retained by the appellants is not admissible to them. Accordingly, proceedings initiated resulted in the confirmation of demand of service tax credit of ₹ 66,72,138/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thus the service receiver is entitled to take credit, provided he has also paid the serviced tax (whether proportionately reduced or the original amount) to the service provider. The invoice would in fact stand amended to that extent. The credit taken would be equivalent to the amount that is paid as service tax. We find similar matter came up for decision by the Tribunal in final order No. A/537 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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