Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2018 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (7) TMI 1792 - CESTAT ALLAHABADCENVAT Credit - duty paying documents - credit denied on the ground that they have not been able to produce the relevant documents for the purpose of availment of credit - Time Limitation - Held that:- The credit can be availed only on the basis of the eligible documents and if an assessee does not have the documents in their possession, the credit cannot be claimed by them. However, the demand is barred by limitation - SCN issued on 17/08/2010 covers the period October, 2005 to September, 2009 and stands issued by invoking the longer period of limitation - there is neither any allegation nor any evidence to suggest that the appellants had taken the said credit, with a mala-fide mind. The credit was availed by them, by reflecting the same in statutory records and was a part of the returns being filed by them - The appellant being in the Banking Sector, cannot be expected to indulge in such clandestine availment of small amounts of Cenvat credit, when they are dealing with the huge transactions and are paying huge taxes. Matter remanded to Original Adjudicating Authority for quantification of the amount, if any, falls within the normal period - Appeal allowed by way of remand.
|