TMI Blog2014 (3) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... erms of the provisions of Rule 2(1)(d)(iv) - no Service Tax was payable before the introduction of Section 66A w.e.f. 18-4-2006. As such, the payment of Service Tax by the appellant prior to the said declaration of law and taking of credit of the said service tax so paid cannot be held to be against the law so as to deny them the credit - said proposal of denial of credit in the show cause notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... everse charge basis and the appellant was availing the credit of the same. 2. Proceedings were initiated against the appellant by issuance of show cause notice proposing the denial of credit of such Service Tax on the ground that the tax paid on reverse charge basis in terms of Section 66A of the Finance Act is not available as credit inasmuch as the same is not mentioned as admissible credit in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit has not disputed the service tax paid by the appellant. If the Revenue s contention is accepted, the appellant is entitled to the refund of service tax paid by them. As such, at this prima facie stage, we hold that the entire situation is revenue neutral. 5. In any case, we find that during the relevant period, the Revenue itself was insisting on payment of service tax on reverse ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot adopt a different ground for denial of the credit, according to the well settled law. 7. For all the reasons recorded above, we dispense with the condition of pre-deposit of Service Tax as also penalties and stay the recovery of the same during the pendency of the appeal. 8. We further note that as huge revenue is involved, whereas a short issue is involved we fix the appeal itself for fina ..... X X X X Extracts X X X X X X X X Extracts X X X X
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