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National Aviation Co. of India Ltd. Versus Commissioner of GST & Central Excise, Chennai South

2017 (11) TMI 256 - CESTAT CHENNAI

CENVAT credit - excess cenvat credit, over and above the prescribed limit of 20% utilized by the appellant - Held that: - a perusal of Rule 6(3)(c) indicates that there is no such restriction that 20% credit earned should be utilized within a particular period - the decision in the case of M/s. C.L. Educate Versus Commissioner of Service Tax, Delhi [2015 (10) TMI 2544 - CESTAT NEW DELHI], relied upon, where it was held that There are no specific restrictions or prohibitions contained in Rule 6 o .....

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tion to transport of goods and passengers by airport services etc. They have been rendering both taxable as well as exempted services during the period of dispute from September 2004 to March 2005. Assessees were not maintaining separate accounts in respect of CENVAT credit where both taxable and non-taxable services are provided. They were required to utilize credit only to the extent of 20% of the credit earned of service tax payable on taxable output service. That appellants did not utilize t .....

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ecovery of the alleged excess utilization of credit amounting to ₹ 58,06,851/- along with interest liability thereof. Aggrieved the appellants are before this forum. 2. Today, when the matter came up for hearing, ld.counsel Shri P. Ravindran submits that it is not the case that they had utilized more than 20% of the credit eligible to them for the period September 2004 to March 2005. However, during such period, the tax liability on the taxable output services were discharged by them throu .....

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. Commissioner of Service Tax, Delhi - 2015 (10) TMI 2544 He also submits a chart giving the details of the eligible CENVAT credit earned for the period September 2004 to March 2005 and also to show the quantum that was utilized subsequently for discharge of tax liability in April and May 2005. 3. Heard both sides. 4. From the impugned order,, it is seen that the adjudicating authority in para 14.1 has held that the assessee is entitled to utilize the CENVAT credit to the extent of 20% and that .....

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