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Service Tax - Highlights / Catch Notes

Home Highlights January 2023 Year 2023 This

ENVAT Credit - credit availed prior taking the registration - ...


Cenvat Credit Valid on Pre-Registration Invoices; Commissioner Misapplies Rule 9(2) of Cenvat Credit Rules, 2004.

January 19, 2023

Case Laws     Service Tax     AT

ENVAT Credit - credit availed prior taking the registration - the invoices of pre-registration phase shall also be considered for availment of Cenvat credit by the appellant - Commissioner (Appeals) has wrongly stuck to Rule 9(2) of Cenvat Credit Rules, 2004, the proviso thereof has wrongly been ignored by Commissioner (Appeals). Resultantly, the invoices issued from unregistered address and the invoice of pre-registration time have wrongly been held to be invalid documents while ordering denial of Cenvat credit to the appellant. - AT

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