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2010 (7) TMI 252 - HC - Service TaxCredit of Service tax on removal of excisable goods- Assessee purchased goods, paid excise duty on goods and service tax on transportation. Availed credit of Excise duty and service tax, afterwards returned the goods and reversed the credit of excise duty. The Revenue ordered the reversal of credit of service tax also and imposed a penalty. The Tribual set aside the order- there is no provision for reversal of credit of service tax on return of goods. High court upheld the decision. It is not possible to assume any intention or governing purpose of the statute more than what is stated in the plain language. Words cannot be added or substituted so as to give a particular meaning. Reference can be made to the observations of a Constitution Bench of Hon'ble the Supreme Court in Mathuram Agrwal v. State of Madhya Pradesh, (1999 -TMI - 78693 - Supreme Court of India)
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