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2018 (10) TMI 695

CENVAT Credit - time limitation for raising invoices - reverse charge mechanism - Whether the invoice raised by the service recipients under reverse charge mechanism, against which, the assessee had availed CENVAT Credit on input service, was within the time limit stipulated under the CENVAT Credit Rules, 2004 or not? - Held that:- The reasoning given by the first appellate authority namely, that the invoices have been raised beyond the time provided under Rule 4A of the Service Tax Rules is without any justification. As pointed out by the adjudicating authority, the issue relates to the availment of CENVAT Credit beyond the time limit specified in CENVAT Credit Rules and this has been clarified by the Board vide Notification No. 21/201 .....

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s, it appeared that the ineligible service tax credit was taken by the appellant for the reason of the same having been taken after six months from the date of provision of service (on 31.03.2014) which was contrary to Notification No. 21/2014-CE (NT) dated 11.07.2014. 1.3 The appellant filed a detailed reply contending inter alia that the Directors were paid the commission on 29.11.2014; that the commission was for a continuous service which are not based on individual transactions; that they continued to be the Directors and thereby, the commission was provided continuously; the point of taxation was to be decided by applying the first proviso to Rule 3 of Point of Taxation Rules when the commission having been paid on 29.11.2014 was rele .....

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d as prescribed under Rule 4A of the Service Tax Rules, 1994, but the same having been raised in February, 2015, was well beyond the prescribed period under Rule 4A of the Service Tax Rules, 1994; etc. For the above reasons, the first appellate authority set aside the Order-in-Original and confirmed the demand, interest and equal penalty proposed in the Show Cause Notice dated 19.02.2016. The assessee has therefore filed this appeal feeling aggrieved by the above Order of the Commissioner (Appeals). 2. When the matter came up for hearing Ms. K. Nancy, Ld. Advocate appeared for the appellant and Shri. R. Subramaniyan, Ld. AC (AR) appeared for the Revenue. 3. I have heard the rival contentions, perused the documents placed on record and have .....

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