Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2019 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 37 - CESTAT BANGALORECENVAT Credit - construction of residential property - unsold flats at the time of receipt of completion certification - Held that:- When the appellant availed the CENVAT credit on the input services, he was entitled to take the same and there was no provision in the CCR to reverse the same prior to 01.04.2016 and in the present case, the period covered is prior to the amendment in Rule 6(1) of CCR, 2004 - further, the services provided by the appellant during the relevant period up to the date of obtaining the OC would not qualify as exempted services and therefore, the provisions of Rule 6 will not be applicable. The issue is squarely covered in favour of the appellant by the decision of Division Bench, CESTAT, Ahmedabad in the case of M/s. Alembic [2018 (10) TMI 1557 - CESTAT AHMEDABAD] wherein it has been held by the Division Bench after considering the CENVAT Credit Rules as well as the amendment in Rule 6 by adding Explanation w.e.f. 01.04.2016 that the Appellants were not legally required to reverse any Credit which was availed by them during the period 2010 till obtaining Completion Certificate, i.e. during the period when output service was wholly taxable in their hands, merely because later on, some portion of the property was converted into immovable property on account of receipt of Completion Certificate and on which no Service Tax would be paid in future. Impugned order not sustainable - further, the amount of ₹ 11,67,545/- paid by the appellant ‘under protest’ the protest is vacated - appeal allowed - decided in favor of appellant.
|