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Service Tax - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

CESTAT partially allowed appeal concerning CENVAT credit ...


CENVAT Credit Allowed on ATD After Verification But Denied for Rent-A-Cab Services Under Input Service Rules

February 8, 2025

Case Laws     Service Tax     AT

CESTAT partially allowed appeal concerning CENVAT credit disputes. Matter regarding CENVAT credit on Advice of Transfer Debit (ATD) remanded to original authority for reconsideration, following precedent that procedural lapses alone cannot justify credit denial when duty payment and equipment usage are verified. Interest and penalty determination linked to ATD credit admissibility also remanded. However, tribunal upheld denial of CENVAT credit on rent-a-cab services, with associated interest and penalties, following Bombay HC precedent that employee transportation constitutes personal service and cannot qualify as "input service" post April 2011 amendment. Original authority directed to reassess ATD-related credits while maintaining disallowance of rent-a-cab service credits.

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