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Service Tax - Highlights / Catch Notes

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Classification of services as work contract services or not - ...


Reevaluate Service Classification and CENVAT Credit Denial Due to Incomplete Invoice Review; Remanded for Further Consideration.

July 12, 2024

Case Laws     Service Tax     AT

Classification of services as work contract services or not - denial of CENVAT credit due to non-submission of input service invoices - denial of benefit of concessional rate - demand under supply of tangible goods service. Held: Service classified as work contract service, but Commissioner failed to examine whether service provided with material or other criteria for classification. Cenvat credit denied for non-submission of invoices, but appellant submitted list of invoices, which Commissioner should have called for instead of rejecting claim. Demand under supply of tangible goods service not maintainable as service involved transfer of right to possession and effective control. Matter remanded for reconsideration by adjudicating authority after verifying all facts.

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