Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2014 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (1) TMI 453 - AT - Service TaxAvailment of CENVAT Credit - Abatement of 67% from the value of commercial or industrial construction service under Notification No. 15/2004-S.T., dated 10-9-2004 - Held that:- Upon examination of the Circular No. 80/10/2004-S.T., dated 17-9-2004 read with the Notification No. 15/2004-S.T., dated 10-9-2004 Revenue intended taxation by value addition, but the assess refuted the same. Adjudicating authority appears to have rightly decided the issue against the assessee following taxation of incremental value principle. In sofar as taxing of the advance is concerned, there is no ambiguity in the law. Law prescribes that the consideration received before, during and after providing of taxable service should enter into the net of the service tax - Cenvat credit is allowable to avoid cascading effect. If taxability does not arise admissibility of Cenvat credit does not arise. Therefore, adjudication has rightly been done on this count also denying the benefit - Decided against assessee.
|