Tax Management India.Com

Home Page

Home List
← Previous Next →

2018 (2) TMI 804

CENVAT credit - supplementary invoices - Rule 9(i)(bb) of the CCR - ST paid on reverse charge basis - Held that: - Rule 9(i)(bb) is applicable to supplementary invoice, bill or challan issued by provider of output service and Rule 9(i)(e) is applicab .....

X X X X X X X

Full Contents

X X X X X X X

d:- 29-12-2017 - Mr. Raju, Member (Technical) Shri D.H. Nadkarni, Advocate, for appellant Shri H.M. Dixit, Assistant (AR), for respondent The appellant, M/s. Polygenta Technologies Ltd., is in appeal against disallowance of cenvat credit, demand of i .....

X X X X X X X

Full Contents

X X X X X X X

oking Rule 9(i)(bb) of the Cenvat Credit Rules. Rule 9(i)(bb) of the Cenvat Credit Rules debars availment of credit on supplementary invoices issued as a result of suppression, misdeclaration, fraud etc. Learned counsel argued that their case is not .....

X X X X X X X

Full Contents

X X X X X X X

s. I find that the appellant had paid service tax on reverse charge basis on the service received from abroad. The credit was availed on the basis of the challan by which the service tax was paid. Rule 9 reads as follows:- …….. … .....

X X X X X X X

Full Contents

X X X X X X X

payment of service tax. …….. …. (e) a challan evidencing payment of service tax by the person liable to pay service tax under sub-clauses (iii), (iv), (v) and (vii) of clause (d) of sub-rule (1) or rule 2 of the Service Tax Rule .....

X X X X X X X

Full Contents

X X X X X X X

x Rules, 1994 and therefore credit can be availed in terms of Rule 9(i)(e) of Cenvat Credit Rules. Since Rule 9(i)(bb) is not applicable to the appellant, the credit cannot be denied. 6. The appeal is consequently allowed. (Pronounced in Court on 29. .....

X X X X X X X

Full Contents

X X X X X X X

 

 

← Previous Next →