2013 (8) TMI 917

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..... ner : Mr Harish Bindumadhavan, Advocate For the Respondent : Mr Ganesh Haavanur, Additional Commissioner (AR) ORDER Per: B.S.V.MURTHY The appellant is occupying premises with other three chartered accountant firms namely A.F. Ferguson and Company, Fraser and Ross and S.B. Billimoria and Company. Certain services were rendered for the building occupied by these 4 firms the benefit of which was .....

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..... it and thereafter issued invoices to the other 3 firms to enable them to take the credit. After 01.04.2007, the appellant started receiving the invoice in their name for the entire amount. However the old system of taking entire credit in the books of account by the appellant and thereafter transferring the credit by way of issuing invoice was continued. 2. The proceedings initiated have culminat .....

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..... sically the issue is one of procedure to be followed and there is no dispute or there is no finding that all the 4 firms were not eligible for the credit. Since all the 4 firms are eligible for credit taken and the total amount taken has not been found to be inadmissible credit except for the proportionate part, at this stage we consider that the appellant has made out a case for waiver. According .....

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