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2018 (10) TMI 1559 - AT - Service TaxCENVAT Credit - service tax paid under reverse charge mechanism on goods transport agency - period prior to 01.04.2008 - Period post 01.04.2008. Eligibility to avail CENVAT credit on the service tax paid on goods transport agency prior to 01.04.2008 - Held that:- There is no dispute as to the fact that such service tax liability has been discharged by the appellant under reverse charge mechanism, availed the CENVAT credit of service tax which is correct as the agreement with Power Grid Corporation indicates that the cost of equipments/transmission line materials were Ex-works and appellant is required to deliver the same at site and Power Grid Corporation have issued the same to appellant for executing the contract of erection, commissioning and installation services - credit for this period allowed. Confirmation of demands for the period post 01.04.2008 - Held that:- It is seen that the Apex Court in various decisions has categorically held that CENVAT credit of the service tax paid on goods transport agency which are eligible to till 01.04.2008 and not for the subsequent period - demands confirmed along with interest are upheld. Penalty - Held that:- Since the issue was settled by the Apex Court in 2018, there is no reason to visit appellant with any penalty - Penalty set aside. Appeal disposed off.
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