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2023 (5) TMI 971 - AT - Service TaxShort payment of service tax - Cross utilization of CENVAT Credit - input services - HELD THAT:- With effect from 2004 when Cenvat Credit Rules, 2004 were issued, it was stated clearly that cross utilization of Cenvat credit on inputs, input services is being allowed for payment of central excise duty and service tax. That being so, there are no merits in the submissions made by the Revenue that utilization of Cenvat credit for payment of output service tax liability of the appellant can be faulted with. The issue in the case of M/S ICICI PRUDENTIAL ASSET MANAGEMENT CO. LTD. VERSUS COMMISSIONER OF C.G. ST., MUMBAI EAST [2019 (11) TMI 1466 - CESTAT MUMBAI] was also not in respect of such cross utilization. In para 8 of the said order, the issue is in respect of denial of Cenvat credit and not of the utilization of the said credit. There are no merits in the impugned order, set aside the same and allow the appeal.
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