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2022 (2) TMI 1123 - CESTAT NEW DELHIReversal of Cenvat Credit - ocean freight - point of taxation - it is alleged that Rule 8 B of the point of Taxation Rules 2011 has wrongly been invoked in the SCN but it is actually rule 7 which is applicable on the appellant according to which the date of payment is the point of taxation - HELD THAT:- The fact makes it clear that it is rule 7 which shall be applicable in the present case as this rule applies to the persons who are required to pay tax as recipients of service i.e. under reverse charge mechanism. This particular perusal is sufficient to hold that rule 8 has wrongly been applied by the adjudicating authorities. It was wrongly been proposed to be applicable in the impugned SCN. Further perusal of Rule 7 shows that the Point of Taxation shall be the date on which the payment of service tax made. From the above mentioned admitted fact No.2, it is clear that the payment of service tax for six of the invoices under question was made on 30th June, 2017. The admitted figures in the table at admitted fact No.3, are sufficient to show that, in the given circumstances, the appellant has rightly availed the input credit of service tax paid by him though under Reverse charge mechanism. The confirmation of demand by Commissioner (Appeals) is hereby set aside - Appeal allowed - decided in favor of appellant.
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