CESTAT allowed appeal regarding CENVAT credit admissibility for ...

CENVAT Credit Allowed for Telecom Infrastructure Components Under Rule 2(a)(A) and Service Tax Input Credit Under Rule 2(l)

February 11, 2025

Case Laws     Service Tax     AT

CESTAT allowed appeal regarding CENVAT credit admissibility for telecommunication infrastructure components. Following SC's ruling in a related matter, credit was deemed admissible for towers, shelters, electric setup, and electronic items as they qualify as capital goods under Rule 2(a)(A) of CENVAT Rules. Credit for input services used in tower erection was also held permissible under Rule 2(l) of CENVAT Credit Rules, 2004, as these services directly or indirectly contributed to output services. Revenue's challenge regarding SCN issuance was rejected, as per Section 73(3) of Finance Act, 1994, SCN cannot be issued for amounts already paid prior to notice. The tribunal affirmed taxpayer's position on all contested points.

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