CESTAT allowed appeal concerning CENVAT credit disputes. ...

CESTAT Overturns Rs. 2.39 Crore CENVAT Credit Demand, Validates Input Services and Capital Goods Treatment u/r 3(5A).

January 27, 2025

Case Laws     Service Tax     AT

CESTAT allowed appeal concerning CENVAT credit disputes. Tribunal set aside demand of Rs.1,79,11,286 based on ST-3 returns and credit register differences, noting statutory compliance in utilizing 50% credit on capital goods. Demand of Rs.59,94,339 for input services was reversed as manpower services qualified as eligible inputs for telephonic services. Demand u/r 3(5A) for capital goods sold as scrap was invalidated as no CENVAT credit was originally claimed on pre-2004 goods. Extended limitation period was rejected considering regular ST-3 filing, departmental audits, and appellant's PSU status precluding mala fide intent. All demands were set aside and appeal was allowed in appellant's favor.

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