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2018 (7) TMI 522 - AT - Central ExciseCENVAT Credit - credit on retained amount - from each of the progressive bills raised by the contractors during the execution of the contract, the respondents used to deduct certain percentage as retention amount and made the balance payment to the contractors - whether CENVAT Credit is allowed on this retained amount - Rule 4(7) of CCR 2004 - Circular No. 122/3/2010-ST dated 30.4.2010 - Held that:- There is no dispute regarding the fact that though the respondent retained a part of the value of services, however, no part of the service tax reflected in the invoices was ever retained by the Respondent. Respondent has paid the service tax on entire invoice value - The credit of full service tax paid by the service provider in respect of services provided would be available even if amount payable to the service provider has been withheld so long as the service tax paid by the service provider has not changed. Therefore, the credit is admissible to the respondent. Appeal dismissed - decided against Revenue.
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