Unreported Cenvat Credit doesn’t lapse due to non-reporting in return: CESTAT Mumbai

Oman Air SAOC Vs Commissioner of Service Tax (CESTAT Mumbai) CESTAT Mumbai held that unreported cenvat credit doesn’t lapse merely the same is not shown in ST-3 return. Thus, denomination as anything other than procedural lapse in not reporting the existence of such credit, the impugned order cannot survive. Facts- In this dispute of M/s Oman Air SAOC with order1 of Commissioner of Service Tax-I, Mumbai, the peculiar nuances and fundamental underpinning of tax credit – purpose in design, mode of utilization and jurisdiction to recover – are necessarily to be considered. The impugned ...