TMI Blog2013 (4) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... credit which was not due to them during the relevant period. At the same time, during the material period, there were various decisions which were in favour of the assessee as regards the Cenvat credit of the service tax paid by the service provider at the residential colony. Appellant could be under bonafide belief to avail the Cenvat credit which cannot be questioned and such a bonafide belief prompted the appellant to avail Cenvat credit. Thus, the demanding the same is held to be hit by limitation. - ST/701 of 2011 - - - Dated:- 8-3-2013 - Mr. M.V. Ravindaran, J. For the Appellant: Shri Abhishek Doshi, Chartered Accountant For the Respondent: Shri K. Sivakumar, A.R. JUDGEMENT Per : Mr. M.V. Ravindaran; This app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would submit that he has merits in the case but at the same time he would like to argue that on limitation there is no case. It is his submission that the credits were availed by the appellant between the period October 2004 to March 2005 and the Cenvat credit on the services rendered to the residential complex were held to be eligible by various decisions of the tribunal. As regards the event management services, it is his submission that the appellant was under bonafide belief that such event is in relation to the business activity of the appellant and hence, correctly availed the Cenvat credit. He would submit that the Hon ble High Court of Andhra Pradesh in the recent case of ITC Limited 2012-TIOL-199-HC-AP-ST, has held that maintenance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave held that any event management which is for the promotion of business is in relation to the business activity and the credit can be allowed. Be that as it may, I find that the contentions raised by the learned Chartered Accountant that the entire case is hit by limitation is correct. It is on record that the appellant has been filing regularly returns during the relevant period, wherein they have shown the availment of Cenvat credit. I find that there is nothing on record to show that appellant had availed Cenvat credit which was not due to them during the relevant period. At the same time, I also find strong force in the contentions raised by the learned Chartered Accountant that during the material period, there were various decisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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