CA Bimal Jain

CA Bimal JainFacts:

The Department denied Cenvat credit to Memories Photography Studio (the Appellant), on the ground that the service provider has not discharged the duty liability. It was alleged that the Appellant should have taken precaution to verify whether the service provider has discharged Service tax liability or not.

Held:

The Hon’ble CESTAT, Ahmedabad, held that a service recipient can only see the Cenvatable document under which Service tax paid/ payable has been indicated. However, it is not the case of the revenue that the service provider does not exist. Hence, the Appellant has correctly availed the Cenvat credit and it is not deniable.

(Author can be reached at Email: bimaljain@hotmail.com)

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Category : Service Tax (3289)
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Tags : CA Bimal Jain (661) Cestat judgments (798)

0 responses to “Cenvat credit cannot denied to service recipient for non-payment of Service tax by service provider”

  1. Suresh Ramaswami says:

    A good judgement based on practical views. Hope the department does not raise such issues by show cause notices and deny the cenvatable portion.

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