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2022 (12) TMI 472 - HC - Service TaxCENVAT Credit - inputs/ inputs services used for construction of immovable property - utilization of the same to discharge the service tax liability on output services namely, renting of immovable property service - Board's circular No.98/01/2008 ST dated 04.01.2008 issued vide F.No.345/6/2007 TRU - HELD THAT:- The assessee therein, was in the business of renting immovable properties and the issue involved was whether the assessee therein was entitled for CENVAT credit on the input and input services consumed or utilized in construction of the Commercial Complex. After considering various authorities, the Tribunal has held that the assessee was entitled to CENVAT credit both on inputs and input services utilized for the construction to be utilized as output service being renting of immovable property. It is not in dispute that the said order passed by the CESTAT, Bengaluru has not been challenged by the Revenue. This appeal does not merit consideration for more than one reason. Firstly, Revenue has accepted the view taken by the Tribunal in M/s. Millennia Realtors. Secondly, assessee is admittedly in the business of renting immovable property. While constructing the immovable properties, assessee would have availed various services and paid input tax. The said building is used by the assessee in its business. Therefore, assessee must be entitled to avail the input services to discharge services on various output services. Appeal dismissed.
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