TMI Blog2017 (9) TMI 1639X X X X Extracts X X X X X X X X Extracts X X X X ..... - CESTAT NEW DELHI], where it was held that in case of any amount retained or discounted after the invoices were issued, the credit need not be changed and full credit of service tax paid to the service provider will be eligible for credit - credit allowed - appeal allowed - decided in favor of appellant. - Excise Appeal No.E/54357/2015-EX [DB] - Final Order No. 56669/2017 - Dated:- 1-9-2017 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the invoice has been retained by the appellant in terms of contract towards performance guarantee. Applying the provisions of Rule 4 (7) of Cenvat Credit Rules,2004, the Revenue initiated the proceedings to disallow the Service Tax credit attributable to such consideration not paid to the service provider. The original authority upheld the disallowance of credit of ₹ 1,21,73,487/-. He also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board distinguished the same and disallowed the credit of service tax attributable to consideration not paid by the appellant. We note, in the present case, the appellants retained a portion of the consideration towards service rendered by the service provider in terms of contract towards performance guarantee. We note, the Board s clarification is applicable to the facts of the present case. Iden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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