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2014 (1) TMI 1607 - CESTAT MUMBAIWaiver of pre-deposit of the service tax - Reversal of CENVAT Credit availed - applicant are now providing renting of immovable property service, management and maintenance or repair service, availed the credit of tax paid in respect of services used for construction of Mall - Held that:- in respect of the service, ‘commercial or industrial construction service' the service tax has been paid by availing the benefit of notification which provides exemption up to 66% on the ground that credit in respect of the duty paid on inputs and capital goods is not availed. In view of this fact, we find that applicant is not entitled to take credit in respect of inputs and capital goods. The applicant had already reversed the credit on the inputs used in the construction of the mall. The applicant had also pleaded financial hardship on the ground that the applicant are under loses as the commercial shops which are constructed are not fully rented out - Following decision of Galaxy Mercantiles Ltd. Vs. Commissioner of Central Excise, Noida [2013 (10) TMI 820 - CESTAT NEW DELHI - LB] - Conditional stay granted.
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