Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2022 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (10) TMI 1008 - AT - Service TaxShort payment of service tax - Works Contract Services - Commercial or Industrial Construction Services - Civil Structures, Construction of Residential Complex - CENVAT Credit - demand alongwith interest and penalty - revenue neutrality - extended period of limitation - HELD THAT:- The court below is not in error in observing that the credit of the amount of Rs.3,58,555/- was not available on 31.03.2013. However, in view of the transitional provisions under CGST Act, if the appellant is required to deposit the said amount again in cash, the amount of tax adjusted earlier through cenvat credit will become refundable to them. Thus, the situation is definitely revenue neutral. Further, this amount was admittedly deposited by the service provider with interest. In view of the matter, this appeal is allowed and the demand of Rs.3,58,555/- is set aside. Further, in the facts and circumstances, penalty imposed under Section 78 is also set aside. Appeal allowed - decided in favor of appellant.
|