Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home

2019 (5) TMI 758

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... credit? - HELD THAT:- This issue is no more res integra. In the matter of mPortal India Wireless Solutions (P) Ltd. Vs Commissioner [2011 (9) TMI 450 - KARNATAKA HIGH COURT], a similar question arises for consideration of the Hon’ble High Court of Karnataka and the Hon’ble High Court while answering the question in favour of assessee held that In the absence of a statutory provision which prescribes that registration is mandatory and that if such a registration is not made the assessee is not entitled to the benefit of refund, the three authorities committed a serious error in rejecting the claim for refund on the ground which is not existence in law. Since it is merely procedural lapse due to which substantive benefit of Cenvat .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... recipient of service. He further submitted that since the service was rendered directly by the service provider to M/s. DASIPL, Bhiwandi unit i.e. the Appellant therefore its Hyderabad unit is not the recipient of service and the appellant i.e. Bhiwandi unit is the right person to avail Cenvat Credit of service tax paid on the said services. He also submitted that if the particulars relating to cenvat credit on input service are genuine, then credit cannot be denied merely because input service provider had mentioned incorrect address in the invoice. It is also the case of the Appellant that the service provider has made a specific declaration that the services covered by their invoices have been provided only to the Appellant s manufacturi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... id inadvertent error, we had corrected the said address on the original invoice issued and have placed our attestation as well and did not issue any fresh invoice which could be impermissible. Hence on the said basis of corrected invoice, the service receiver M/s D A Stuart India Private Ltd should be entitled to avail Cenvat credit on the basis of Invoice Nos. Given in the attached Annexure A and we also declare that the said service tax so collected from M/s D A Stuart India Private Ltd has been remitted to the Government and the said service tax paid has also been accounted in the ST 3 returns filed by us for the relevant period Place: Bhiwandi Date: 23.03.2016 For 20 Cube Logistics Pvt Ltd Authorised Signatory From the above it is clear .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e High Court has been followed by the Tribunal from time to time. The rejection of refund claim on the ground of non-registration had come up before a co-ordinate Bench of the Tribunal in the matter of Commr. of S.T., Chennai vs. Scioinspire Consulting Services (I) P. Ltd.; 2017 (47) S.T.R. 188 (Tri.-Chennai) in which the Tribunal while relying upon the decision of the Hon ble Karnataka High Court in the matter of mPortal India Wireless Solutions (P) Ltd. (supra) answered the issue in favour of the assessee. Insofar as requirement of registration with the department is concerned, learned Authorised Representative failed to point out any provision in the Cenvat Credit Rules which prescribes that registration of premises is a condition preced .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Site Map - Recent || Site Map ||