Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2019 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 444 - AT - Service TaxCENVAT Credit - distribution of credit by ISD in respect of capital goods - denial of credit on the ground that equipments being in the nature of capital goods credit of duty paid on such equipments cannot be passed on by an ISD - Held that:- The distribution of capital goods credit by the head office prior to introduction of Rule7(a) of the CCR 2004, or, for that matter, the transfer of credit availed on the basis of a M.R.O which is not listed as an acceptable document for the purpose of Rule 9 of the CCR cannot be disallowed only on the basis of such procedural infractions - the procedural inadequacies will not be enough to deny the availment of credit by assessee in respect of various equipments etc. imported by their head office and distributed to the former by way of M.R.Os. The ratio laid down in Cosmos Casting India Ltd. [2011 (2) TMI 511 - CESTAT, NEW DELHI] will apply on all fours in favour of the appellant, where it was held that When there is no dispute about the realisation of the demand by the exchequer, the technicalities shall not be a bar to deny credit to the assessee. Appeal dismissed - decided against Revenue.
|