Home Forum Service Tax Month 1 2023 2023 (1) This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
Cenvat credit - Service TaxExtract Assesse was suffering from financial crunches and could not file ST-3 returns on time and hence filed ST-3 returns belatedly. However, they also had not declared some amount in ST-3 returns. Some portion of cenvat credit was not taken in ST-3 returns due to inadvertent mistake of accountant and since the returns were filed late I. E. After 2 years, principal commissioner has denied cenvat credit on the ground that it has been availed after a period of 1 year. However it is not the case since only the returns are filed late however cenvat credit pertains to that period only. We have various case laws that not mentioning cenvat credit is mere procedural lapse and have case law of baba auto link wherein the cenvat credit cannot be denied merely on the ground that the returns were filed late. Is it worth going to cestat and can we aregue that there was no intention to evade tax? Can the experts enlighten me on this and is there any more case laws in favour of assesse
|