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2018 (6) TMI 247 - AT - Central ExciseGTA Service - CENVAT credit - input services - Outward transportation of goods up to the buyer’s premises - period involved is after 01.04.2008 - whether the appellant is eligible to avail the Cenvat Credit of service tax paid on the GTA service received by them for outward transportation of final products from the factory gate up to the premises of the buyer when the sales are on FOR basis? - penalty. Held that:- The said issue has been decided in the case of M/s. Ultratech Cement Ltd. [2018 (2) TMI 117 - SUPREME COURT OF INDIA] by the Hon’ble Apex Court, wherein it has been held that credit is eligible up to 01.04.2008 and after such date, the assessee is not eligible for credit - credit not allowed. Penalty - Held that:- Taking into consideration that the issue was under litigation and was in favour of assessee at the Tribunal level as also decided by various High Courts and got settled only by the decision of the Hon’ble Apex Court, the penalty imposed is unwarranted and requires to be set aside. Appeal allowed in part.
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