Service Tax – Cestat Ahmedabad: Issue of difference between closing balance of Cenvat Credit in ST returns leading of tax demand – Held that as correct closing balance of Cenvat Credit was declared in the books of accounts of Appellant and basis the submitted copy of invoices Cenvat credit is eligible – Appeal allowed [order attached]
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21-Jan-2023 20:41:03
Order Date: 19 January 2023
Parties: INDUSTRIAL EXTENSION BUREAU vs C.S.T.-SERVICE TAX - AHMEDABAD
Facts-
- The INDUSTRIAL EXTENSION BUREAU, was raised demand on the ground that as per the ST-3 return as of June, 2017, the closing balance of Caveat Credit comes to Rs. 1,01,53,009/-, whereas the appellants have shown the closing balance of Rs. 1,19,12,078/. The same was upheld by the Learned Commissioner.
- Therefore, the present appeal has been filed.
issue –
- Whether the Appellant is liable to demand of tax?
Order-
- The Tribunal observed that observed that the balance of Cenvat Credit considering the credit of Rs. 31,67,294/- was declared in the books of accounts by the appellant.
- Further, it was observed that basis the detail submitted by the appellant along with copies of invoices, no doubt can be raised that the appellant were entitled for the Cenvat credit of Rs. 31,67,294/- on consideration of this credit.
- The appeal is allowed with consequential relief.
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