Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2019 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 480 - AT - Service TaxCENVAT Credit - input services - retention of part payment of input services - Rule 4 (7) of Cenvat Credit Rules - Held that:- Rule 4 (7) of CCR stands amended w.e.f. 1st April, 2011 and after the said amendment taking of Cenvat Credit is not linked with the payment of invoice to the service provider but it is linked with the invoice/bill/challan of input service. Though the grievance of the Department seems that irrespective, the payment was still to be made within 3 months, but we observe that since the respondent had paid the entire Service Tax on which they were liable for taking the credit i.e. on the amount as mentioned in the Bill/invoice, they were entitled to avail credit. The circular No. 122/03/2010- ST dated 30th April, 2010 further clarifies the situation that the Service Tax paid is allowed as credit - The circular therefore clarifies that the credit taken would be equivalent to the amount that is paid as Service Tax. There is a clear recitation that irrespective of retention, the amount was paid at the end of stipulated period after the completion of the project. Till date, there is nothing on record to rebut the aforesaid findings. Credit cannot be denied - appeal dismissed - decided against Revenue.
|