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2024 (4) TMI 395 - AT - Service TaxCENVAT Credit - manufacture or trading of set top boxes - common input services availed - violation of Rule 4 & Rule 9 of CCR - HELD THAT:- The appellant has maintained proper books of accounts in the ordinary course of business in electronic form (tally software), which is permissible under the Service Tax Rules read with Board Circular aforementioned. It is further found that appellants have regularly got their books of accounts audited by a Chartered Accountant and they have regularly filed Audit Reports along with Balance Sheet and Profit & Loss Account before Income Tax department. The appellant has regularly taken Cenvat credit of input service tax in their books of accounts after making payment to the service providers. Such aggregate input service tax, including cess, reflected in the trial balance, being debit balance as on 31st March under the re-grouped account head ‘duties and taxes’. Thus, it appeared that due to reflection of input tax credit under the head ‘duties and taxes’, has created confusion to the Revenue. Accordingly, appellant has taken service tax credit regularly within the prescribed period from the date of invoice as prescribed under Rule 4 read with Rule 9 of CCR, 2004 - there is no dispute raised by the appellant with respect to output tax. The impugned order set aside - appeal allowed.
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