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If upon a misconception of the legal position, the assessee had paid the tax which he was not liable to pay, then availing Cenvat credit of the same cannot be termed as illegal.

Service Tax - By: - Bimal jain - Dated:- 27-11-2015 - The Commissioner of Central Excise, And Service Tax Large Taxpayer Unit Vs. Tamilnadu Petroproducts Ltd, The Customs Excise And Service Tax Appellate Tribunal [2015 (11) TMI 840 - MADRAS HIGH COUR .....

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t had used Cenvat credit for payment of the Service tax prior to January 1, 2005 on GTA services. Even though there was no liability for payment of Service tax on transportation services prior to January 1, 2005. Thereafter, the Department has issued .....

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