Konkan Railway Corporation Ltd Vs Commissioner of CGST & Central Excise-Belapur (CESTAT Mumbai)
The appellant is an Indian Public sector undertaking which operates Konkan Railway and undertakes railway related projects. A demand of Service Tax was confirmed against the company on the ground that the company has availed excess cenvat credit in terms of Rule (3A) of Cenvat Credit Rules, 2004. The appellant challenged the demand of Service Tax before the Hon’ble CESTAT Mumbai, on the ground that the company had cenvat credit balance amounting to Rs. 24,35,828/- lying unutilized in their cenvat credit account, as on 30.06.2017, and therefore, the demand of service tax should be adjusted against the unutilized credit.
The Hon’ble CESTAT, Mumbai allows the appeal of the company. It held that the fact of cenvat credit balance lying unutilized is not disputed. It relied on the decision in the case of Uttaranchal Cable Network. Accordingly, Hon’ble CESTAT set aside the impugned order and allowed the appeal.
The matter was argued by Ld. Counsel Mahesh Raichandani.
FULL TEXT OF THE CESTAT MUMBAI ORDER
The appellant is in appeal against the impugned order wherein the demand has been confirmed for non-payment of service tax of Rs.8,05,040/- on the ground that the appellant has availed excess cenvat credit in terms of Rule 6(3A) of Cenvat Credit Rules, 2004. Against this order, the appellant is before me.
