Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2022 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (7) TMI 875 - AT - Service TaxTime Limitation - belated demand of service tax - manufacture of S.S. Utensils which are dutiable - suppression of facts or not - revenue neutrality - recovery of service tax alongwith interest and penalty - reverse charge mechanism - HELD THAT:- Admittedly, the transaction, on which the service tax was demanded belatedly, was found on record in the books of account. Further, the service tax has been demanded under Reverse Charge Mechanism. The appellant, being a manufacturer of dutiable goods, is entitled to Cenvat credit of such service tax. Thus, situation is wholly revenue neutral. In this view of the matter, it is held that there is no case of any suppression of facts, misstatement or contumacious conduct on the part of the appellant. Accordingly, the extended period of limitation is not available to Revenue. Appeal allowed - decided in favor of appellant.
|