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Service Tax - Highlights / Catch Notes

Home Highlights March 2020 Year 2020 This

Applicability of interest to CENVAT credit recovery - Availed ...


Interest on CENVAT Credit Recovery: Differentiating Availment and Utilization for Legitimate Credit Use and Avoiding Wrongful Recovery.

March 21, 2020

Case Laws     Service Tax     AT

Applicability of interest to CENVAT credit recovery - Availed versus Taken and / or utilization of credit - Recovery of CENVAT credit wrongly taken or erroneously refunded - it is unusual for ‘utilization’ to be qualified with ‘ineligibility’ on its own as ‘utilization’ is solely for the purpose of discharge of tax/duty liability which, even if not warranted, does not, by any stretch of usage, behove description as ‘wrongly.’ Such a transferred epithet can only reasonably mean ‘utilization’ after having been wrongly taken and, thereby, made ineligible. - AT

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