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TMI Blog2018 (6) TMI 1082X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, credit of the service tax paid earlier is admissible - Reliance placed in the case of COMMISSIONER OF CENTRAL EXCISE, PUNE-I VERSUS THERMAX ENGINEERING CONSTRUCTION CO. LTD. AND VICE-VERSA [2017 (12) TMI 1191 - CESTAT MUMBAI] - credit allowed - appeal allowed - decided in favor of appellant. - ST/85993/2018 - A/86622/2018 - Dated:- 31-5-2018 - Dr. D.M. Misra, Member (Judicial) Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e performance guarantee clause of the service contract. However, the entire amount of service tax,, applicable on such retention money, amounting to ₹ 2,38,710/- had been paid and consequently cenvat credit was availed by them. Alleging that under the provisions of Rule 4(7) of Cenvat Credit Rules, 2004, till the retention amount is received, the cenvat credit of the amount of service tax pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt has been paid fully, therefore, credit of the service tax paid earlier is admissible. 4. Ld. AR for the Revenue reiterates the findings of the Ld. Commissioner (Appeals). 5. I find that the reason for which the cenvat credit was denied to the appellant rests on the interpretation of Rule 4(7) of CCR,2004. It is the stand of the department that the appellant has not been paid the value of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ors and take corresponding guarantee from the sub contractors. The purchase order provides for 5% of retention of bill amount. That service tax amount is paid by them in full to the sub contractors and only retention amount is retained. Further entire service tax was paid by the contractors to the government. Thus when service tax was paid in full, credit cannot be denied. He relies upon the Circu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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