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2010 (12) TMI 352 - CESTAT, MUMBAIRule 3(5) of the Cenvat Credit Rules, 2004 - Inputs were cleared ‘as such’ - The respondents availed Cenvat Credit on inputs as well as on goods transportation agency service as input service credit which was availed by them at the time of procuring the inputs - Later on these inputs were cleared by the respondents ‘as such’ after reversing the CENVAT credit availed by them on these input but they did not reverse the credit taken by them on the input service of goods transport agency for procuring the impugned inputs - Held that: - when the credit-availed inputs or capital goods are removed from the factory of the assessee, sub-rule (5) of Rule 3 of the Cenvat Credit Rules, 2004 provides for recovery of equal amount of credit. There is no such provision to reverse credit of service tax availed in relation to such inputs or capital goods when removed from the factory. - Decided in favor of assessee.
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