Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2014 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (8) TMI 343 - AT - Service TaxDenial of CENVAT Credit - credit on the basis of Invoice whereas service provider as paid the service tax belated - Held that:- Service providers have deposited service tax with the Revenue, though belatedly. In such a scenario, the technical objection of the invoices raised by the service provider being not in accordance with the provisions of Rule 9 would not survive - It is seen that the invoices were raised on 7.3.2007 and the service tax credit was availed on 31.3.2007 only after making payment to the service provider - In terms of the provision of Rule 4(7) of the Cenvat Credit Rules 2004, the Cenvat credit in respect of input service shall be allowed, on or after the day on which payment is made of the value of input service and the service tax paid or payable as is indicted in the invoice. As such, for the purpose of availing Cenvat credit, there is no requirement that the service tax should have been deposited by the service provider before the availment of the credit. If the service provider has not deposited the service tax with the department on due date, to Revenue's remedy lies at the end of the service provider for recovery of the service tax along with interest - Decided in favour of assessee.
|