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Central Excise - Highlights / Catch Notes

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CENVAT Credit of wrongly paid service tax - freight component in ...


CENVAT Credit Valid for Wrongly Paid Service Tax on Freight; No Reversal Required Under Reverse Charge Mechanism.

July 16, 2021

Case Laws     Central Excise     AT

CENVAT Credit of wrongly paid service tax - freight component in relation to transport of goods - If, upon a misconception of the legal position, the assessee had paid the tax that he was not liable to pay and such assessee also happens to be an assessee entitled to certain credits such as CENVAT Credit, the availing of the said benefit cannot be termed as illegal. - The Appellant assessee cannot be asked to reverse the Cenvat credit availed on tax paid under Reverse Charge basis when the payment is not disputed. - AT

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