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2017 (5) TMI 570

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..... he demand for the period prior to 01.03.2008 requires to be set aside. With regard to the demand for the period after 1st March 2008 to the tune of ₹ 23,201/-, Since the appellant is utilising the CENVAT credit for payment of service tax which he is liable to pay under reverse change mechanism, definitely the situation would be revenue neutral one. Extended period of limitation - Held .....

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..... ent of service tax under reverse charge mechanism cannot be made by CENVAT account. 2. On behalf of the appellant, Ld. Consultant Shri Sumanth submitted that major part of the period falls prior to 01.03.2008. That an amendment was brought forth on 01.0.2008 specifically barring the use of CENVAT credit to pay service tax under reverse charge mechanism. The period covered in the present appeal .....

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..... ch details. Further, the issue whether assessee can use the CENVAT credit for payment of service tax under reverse charge mechanism was contentious prior to 01.03.2008 and it was settled by the Larger Bench of the Tribunal. An amendment was brought forth to clarify the issue. It is also submitted by him that even if the said CENVAT credit is utilised by the appellant to pay service tax under rever .....

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..... x under reverse charge mechanism. In the present case, the major period falls prior to 01.03.2008 as pointed out by the appellant, the issue is settle by Larger Bench in the case of Panchmahal Steel Ltd (supra) . Following the same, I hold that the demand for the period prior to 01.03.2008 requires to be set aside which I hereby do. 5. With regard to the demand for the period after 1 st Mar .....

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