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2016 (12) TMI 97 - AT - Service TaxCENVAT credit - common services used for output services - proposed to deny corresponding to reverse charge services - renting of immovable property service - various input services - The appellant owns a building with an area of ₹ 2,92,105 sq feet spread over six floors and, admittedly, the building was occupied by tenants, with occupancy rates between 40% and 92%, during this period. Both lower authorities have held that credit availment is permissible only to the extent that input services are used to provide output services - Held that: - The availment of credit is derived from rule 3 of CENVAT Credit Rules, 2004 and, as the taxes have been paid on common services used for property that is not in use by the appellant as recipient of service, availament of CENVAT credit is within the scope of the Rules. CENVAT credit allowed - appeal allowed - decided in favor of appellant.
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