Cenvat Credit allowed for tax paid under reverse charge even if same was not payable

Petro Carbon & Chemicals Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) The short issue that arises for consideration in the instant appeal is whether the Appellant is entitled to Cenvat credit of Service Tax paid by it on the freight component in relation to transport of goods from non-taxable territory to India when as per the lower authorities the said service was exempted from levy of Service Tax during the period when such import of goods took place. In this regard observation of the Adjudicating authority in para 5.1 to 5.4 is important, whereby the learned Adjudic...