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Service Tax - Highlights / Catch Notes

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The case involved wrongful utilization of CENVAT Credit for ...


Wrongful utilization of CENVAT Credit under Reverse Charge Mechanism deemed valid pre-2011. Demand set aside. Remand for CENVAT Credit verification.

Case Laws     Service Tax

June 5, 2024

The case involved wrongful utilization of CENVAT Credit for service tax liability under Reverse Charge Mechanism. The Tribunal held that utilizing CENVAT Credit for service tax on Reverse Charge Mechanism basis before 01.04.2011 is valid. The demand of Rs.14,36,72,226/- was set aside. However, the admissibility of CENVAT Credit on input services worth Rs.25,99,085/- was remanded for verification by the adjudicating authority. The impugned order was modified to set aside the service tax demand and remanded for verification. The adjudicating authority was instructed to decide the matter within three months. Appeal allowed in part and part matter remanded.

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